IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


// 


1.0 


1^ 

11.25 


■»  Hi  12.2 
2.0 


140 


WML. 

14    116 


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^^ 


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niotograjM] 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  145M 

(716)872-4503 


^<if 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  cana'lien  de  microreproductions  historiques 


Tachnical  and  Bibliographic  Notaa/Notat  tachniquaa  at  bibliographiquaa 

Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  isa  bibliographically  uniqua. 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  significantly  changa 
tha  uaual  mathod  of  filming,  ara  chackad  baiow. 

L'inatitut  a  microfilm*  la  meilleur  exemplaira 
qu'il  lui  a  At*  possible  de  se  procurer.  Les  details 
da  cat  exemplaira  qui  aont  paut-Atre  uniquaa  du 
point  da  vue  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthoda  normale  de  fiimaga 
sont  indiquis  ci-desaoua. 

Colourad  covars/ 
Couvartura  da  coulaur 

— 

Coloured  pagea/ 
Pagea  da  couleur 

Covart  damagad/ 
Couvartura  andommagia 

^^ 

Pagea  damaged/ 
Pagea  andommagAea 

Covars  rastorad  and/or  laminatad/ 
Couvartura  rastaurAa  at/ou  palliculAa 

Pagea  reatored  and/or  laminated/ 
Pagea  restaurAes  at/ou  paiiiculAaa 

Cover  title  missing/ 

La  titre  de  couverture  manque 

>/ 

Pages  discoloured,  stained  or  foxed/ 
Pages  d4color6es,  tachaties  ou  piquAea 

Coloured  maps/ 

Cartes  giographiquas  an  coulaur 

Pages  detached/ 
Pages  ddtachtes 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
1 — 1    Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

V 

Showthrough/ 
Transparence 

Tha  ( 
totK 


Thai 
poaai 
ofth 
filmli 


Origl 

bagii 

thal( 

slon, 

othai 

firat 

sion, 

or  illi 


I      I    Coloured  plates  and/or  iiiustrationa/ 


D 
D 


D 


D 


Planches  et/ou  iiiuatrations  en  couleur 

Bound  with  other  material/ 
Relit  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  iiure  serrte  peut  causer  de  I'ombre  ou  de  la 
diatortion  la  long  de  la  marge  intArieure 

Blank  leaves  added  during  reatoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttas 
lors  d'une  restauration  apparaissent  dans  la  texte, 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  6ti  f  ilmies. 

Additional  comments:/ 
Commentaires  supplAmentaires: 


I      I    Quality  of  print  varies/ 


Quality  inigale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  suppiimentaire 

Only  edition  available/ 
Seuie  Edition  diaponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalament  ou  partiellement 
obscurcies  par  un  feuiilet  d'errata.  une  pelure, 
etc..  ont  6t6  filmies  A  nouveau  de  faqon  A 
obtenir  la  maiileure  image  possible. 


Thai 
shall 
TINl 
whic 

Mapi 
diffa 
entir 
begii 
right 
requi 
metli 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiquA  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 

16X 

aox 

24X 

28X 

32X 

Th«  copy  filmad  h«r«  hat  b—n  r«produe«d  thanks 
to  tha  o^naroaity  of: 

Library  of  tha  Public 
Archivat  of  Canada 


L'axamplaira  filmA  fut  raproduit  grica  A  la 
g«n4roalt«  da: 

La  bibliothAqua  daa  Archivaa 
publiquaa  du  Canada 


Tha  Imagaa  appaaring  hara  ara  the  baat  quality 
poaaibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  Itaaping  with  tha 
filming  contract  spacificationa. 


Original  copiaa  in  printad  papar  covara  ara  fllmad 
beginning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  illustratad  impraa- 
•ion.  or  tha  bacit  covar  whan  appropriata.  All 
othar  original  copiaa  ara  fiimad  beginning  on  tha 
first  paga  with  a  printad  or  illuatratad  impraa- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illuatratad  imprassion. 


Tha  laat  racordad  frama  on  aach  microficha 
shall  contain  tha  symbol  — ^  (moaning  "CON- 
TINUED"), or  tha  symbol  Y  (moaning  "END"), 
whichavar  applies. 


Lea  imagaa  auivantea  ont  M  raproduites  avac  le 
plus  grand  soin,  compta  tenu  de  la  condition  at 
da  la  nattet*  de  I'exemplaire  fiimi,  et  en 
conformitA  evec  lea  conditions  du  contrat  de 
filmaga. 

Lea  axemplaires  originaux  dont  la  couverture  en 
papier  eet  ImprimAe  sont  filmAs  en  commen^ent 
par  la  premier  plat  et  en  terminent  soit  par  la 
darnlAre  page  qui  comporte  une  empreinte 
d'impreaaion  ou  d'illustration,  soit  par  le  second 
plat,  salon  ie  cas.  Tous  las  autres  axemplaires 
originaux  sont  filmis  9n  commen^ant  par  la 
pramlAre  paga  qui  comporte  une  empreinte 
d'impreaaion  ou  d'illustration  et  en  terminent  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 

Un  dea  symboles  suivants  apparaftra  sur  la 
darnlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »>  signifie  "A  SUIVRE".  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  iiluatrate  the 
method: 


Lea  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmte  A  des  taux  da  reduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
da  I'angle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'imagas  nAcessaira.  Las  diagrammes  suivants 
illustrant  la  mAthode. 


1  2  3 


1 

2 

3 

4 

5 

6 

CoV,5 


HI 


V 


\ 


COURT  ( 


%  }.. 


TRIAL  C 
TH 

Athftll 
ley  took  h 
JudgM  Wl 
Court. 

0(i  b«hi 
H«'l,  B»<1 

AiM>rney' 

SSeih  L  r 

•nthe 

8pen<*«r, 

ley,  E-qi 

Attor  il 

■enta,  th« 

eitent  of 

«r  than 

in  doing 

and  oidi 

stated  to 

p>eaervii 

w«8  mar 

Tiie  C 

Court  •>* 

•lid  bv  < 

.     ceded  t) 

fi»r  ihe  I 

moved  1 

forlKwit 

The 

Mid  pU 

peeranc 

ielt  roui 

Mr.  I 

and  the 

reediiic 

and  ini 

then  pi 

nailed ' 

and  hi 

oounac 

follow 

Mr. 

opinio 

oner  7 

Wit 

Mr. 

ptes  t 

aadd< 


TRIAL 


"i 


OF 


ALEXANDER    M'LEOD, 


rOR  THK 


IF 


S.m(i9     B)  W"  ^ff  MM  Ot, 


COURT  OF  OYER  AND  TERMINER  OF 
ONEIDA  CO  INTY. 

Monday,  Oct.  4,  1  41. 
TRIAL  OF  ALEXANDER  McLEOU  FOR 
THE  MURDER  OF  DIIRFEE. 

At  h«ll  pait  9  o'clock,  his  Honor,  Judge  lirid- 
ley  took  hit  leiit  en  the  Bench,  together  with 
Judge*  White,  Kimball  and  Junei  uf  the   County 

0(i  behalf  of  th«  proeecution  eppeared  W.  I.. 
H*'l,  E»q.  Attorney Oen»'ml, Tim. ihvJ«"li»ni, 
Ei-q  ,  Ditiriot  Attorney  of  ihit  county,  the  Dutnct, 
Atutrney  of  Niagara  coun>v.  J  ''•  Wood,  Eiq  and 
beih  L  Hawley,  E»q  of  Buliiilo. 

•n  the  part  ».f  the  priioner  apiieared  Joithua  C 
8penc«r,  E>q .  and  C.  Gudner,  and  Aivin  C.  Brad- 
ley, E-qe ,  ot  Lockport.  .    ^     u      .1. 

Atter  the  court,  b«r  and  jurori  h«d  taken  tneir 
■cate,  th«  public  generally  were  admitted  to  the 
eitent  of  ihe  cupacityof  il«e  room  (wnich  la  great- 
er than  that  of  any  court  room  in  your  city)  and 
in  doing  which  a  remarkable  n^gree  of  regularity 
end  order  were  preserved.  Judge  White  l)ri»fly 
■tated  to  the  auditory  tht>  nect- wiiy  of  Mtnctly 
p>eaerving  order  and  itlence,  and  no  diapoiitiou 
wna  maniteitted  by  ttie  audience  to  disobey. 

Tbe  Crier  tben  opened  thr'  iJin  uit  Court  and 
Court  of  Oyer  and  Terminer  lor  Oneida  tJounty; 
and  bv  direotion  of  Mr.  H^ll,  Atuirney  General, 
called  the  name  of  Theodore  Snme,  a  witneia 
for  the  proaecuiion,  who  not  antwering,  Mr  Hall 
moved  tor  an  attachment  ugainai  him,  which  waa 
forthwith  iasued. 

The  priaoner,  McLeod,  waa  then  brought  in, 
and  placed  by  the  auio  of  nis  counnel.  Uia  ap- 
pearance indicated  a  man  who  had  lived  well,  and 
lett  much  at  eaae. 

Mr.  Hall  'ben  called  on  the  trial  of  McLeod, 
and  the  counael  fjr  the  prisoner  expreaaing  their 
readineaa  to  proceed,  the  prisoner  waa  arraigned 
and  informed  of  hia  rigttt  of  challenge.  The  clerk 
then  proceeded  to  call  the  iury.  '1  he  firat  juror 
called  waa  Charlea  O.  Curtia,  of  the  town  of  Parw, 
and  he  not  b«ir<g  challenged  by  the  prinoner'a 
oouneel,  Mr.  Hall  akked  him  aeveral  queationt,  aa 
follow«>— 

Mr.  Hall — Hare  ytm  formed  or  expreased  any 
opinion  aa  to  the  guilt  or  innocer.ce  of  the  prii' 
oner  7 
Witnaaa    I  hare  not. 

Mr.  Hall— Have  yoa  any  eontoientioua  aera- 
ples  to  finding  a  verdict  in  a  caae  involving  life 
and  death? 


Witneaa— I  have  not 

Mr  Hall  then  prooatded  to  aak   thn   iuror  a 

quaation  relative  to  hia  viewa  of  the  public  pnliry 

I'volved  in  the  caae ;  to  which  thn  witneaa  rcailt- 

y  anawered  that  hia  only  view  and  oviah  wmh  that 

juatice  ahould  be  done  between  tha  priaoner  and 

the  people— nothing  more. 

Judge  Gridiey,  however,  deemed  the  qneatinn 
altogether  beyond  the  pale  of  neaoaaity  or  of  ro- 
eulaniy  in  the  challenging  «tf  jumra  ;  and  Mr. 
Hull  withdrew  it  Mr.  Curiia  waa  thun  awom  aa 
a  jiiror,  and  took  hia  aeat. 

Edmund  Allen,  uf  Aognata,  wa«  next  called— 
the  two  firat  intermgatoriea  above  atated  wor<* 
propounded  to  him  by  Mr.  H  11 ;  he  anawerr  d 
both  in  theneg«tive,and  wtatiMora. 

John  Alott,  of  Sangerfic-ld.  (a  landing  man  in  tho 
oonnty,  \ery  inielligont  and  influenliBl)  was  rcxf 
railed,  quentioned  as  to  hu  Irt'edum  of  bias,  &o  , 
and  was  sworn. 

JnH(>ph  Cauldwell,  of  Whitestnwn,  was  next 
callfd,  hill  owing  loconBcifn'ii.iiMbi:niple«Hg&iniit 
the  takiiig  of  human  lite  undor  the  law,  h.<  was 
direcitd  ny  the  court  to  htnnd  nside 

Ahhky  hill,  olKirklnnd,  wrh  next  cilkd,  hut 
was  [lerfropiorily  challenged  by  the  pnaoacr't 
COnnHnt. 

Elmba  Brush,  of  Rame,  was  next  called,  ques- 
tioned by  Mr.  Hall,  nnd  sworn. 

Royal  Kohhintf,  ol  Marcy  riill^d  and  challenged 
perempt4irily  by  p'isnner'H  coun»«l. 

Rukevelt  T.  Eaatman,  of  Paris,  excused  on  ac- 
couiitof  illneaH 

Ira  Byington,  of  Camden,     interrogated  and 
aworn. 
Wm.  Carpenter,  of  Whitestown,  the  tame. 
Edward  ^covel,  of  Pj^'is,  waa  next  called,  but 
vo'u  ittrily  aiated  that  tie  doubted  the  public  pol- 
icy of  convicting  the  prisoner. 

Judge  Gridl^v  repUed  that  ihit  did  not  excuse, 
for  the  objection  did  not  come  within  the  rule,  but 
the  juror  might  stand  anido  for  tlio  present. 

Luther  Stiipard,  of  Verona,  called,  and  peremp- 
torily challenged  by  priKoner's  counsel. 

Isa  ah  Thurber,  of  Unca,  called,  interogated, 
and  answered  in  the  negative. 

Mr.  Hall  naked  the  cuurtto  allow  the  juror  to 
stand  aside  for  the  prewent,  and  not  swear  him  till 
the  panel  had  been  exhau«ted.  He  did  not  ask 
this  on  account  of  any  objection  to  the  replies  of 
the  jnror,  but  he  claimed  it  as  a  right  of  the  proa- 
ecuiior  to  proceed  through  the  panel  before  the 
completion  of  the  jury. 

Mr.  8pencer  objected  to  any  such  proceeding. 
He  had  never  heard  any  aut^h  right  claimed  for 
Ute  proaeoution.    It  would  give  the  proaecution 


•e  tcdn*  »4vftnt«f«  own  lh«  d^f^nilint,  inti* 
■incih  «M  it  would  TirMklly  itva  ih«  prmrrutinn 
Um  b«r>rfjt  of  thirty  ait  pertirnptdry  rli«ll«ng(M, 
wh<ir>  th«t<iflr*n^;«  would  bt^  !iinitv<l  t'l  twenty. — 
II«  iMt.  Hp«nr«r)  htd  been  in  •ctivn  prtntioain 
th»  lourta  (if  thil  •mtr,  but  had  nevtr  b^'ur* 
h«-«rd  of  •nyiiicli  riiiht  un  thn  part  of  ih«  pro««- 
rution  M  that  claimed  by  tli*  laarnod  Dittrict  At- 
l(>m#v. 

Mr  Hall,  in  anpport  of  the  rif  ht  ha  rinimad, 
qiMied  from  Chitty  ade«-iiionof  Ju(Ik«  BHJdwin, 
III  fnnnNvlvJtnin,  admiitinf  th^  rifht  iindnr  tha 
Kifrluh  roDtman  Uw— thnigh  Jiirtge  Baldwin  ad- 
miiiad  that  h«>  had  tifver  kiiowii  ila  pruvmua 
prncUcain  tb«t  United  HtntM. 

An  argument  of  cuoiiderahle  IrnKth  entund; 
and  .fudge  Gridley  Hprid«>d  againataiirti  a  right  on 
the  part  of  the  proafcntion;  and  he  ordered  Mr. 
lliurbpr  to  be  tworn,  which  wait  done. 

II«inry  Addingron  of  I'ltrii,  eiuuted  oa  account 
of  reiigvHia  icruple*. 

Pntnr  Hietght,  of  Wpatmore'and,  aworn. 

II«nry  Hayter,  of  Kirlilnnd,p«i«niptoiilv  chal* 
lengod  by  priaoner'a  r^onnael. 

i>avid  Tuttle,  of  Koonville.  iheaame. 

Aaher  Allen,  r>(  Aiigunta,  accepted  and  aworn. 

Heymour  Carrier,  ol  Kr«uben,  the  aamn. 

Thomai  Noonan,  of  Annaville,  peremptorily 
challenged  by  prikoner'a  <;uunael. 

Jcaepb  Davia,  of  Kemaen,  ike  aame. 

Joaepn  8flvmour,  <>(  Weairrn,  thn  HHme. 

E^trii  Allen,  of  Floyd,  accepted  and  aworn. 

Sinpben  Northrup,  of  Marcy,  eicuaed  on  ac- 
count of  i  I  health. 

I^evi  YhIk,  of  Aiigiiata,  perem[  torily  challenged 
by  D'laooer'a  «-ouria«l 

Vuioey  Elliott,  of  Kiikland,  arcepted  and 
•worn. 

TniM  completed  the  jiiry,  which,  aa  aworo,  vaa 
coDatitutcd  aa  followa — 

Tharlea  O.  Curlia.  of  Paria. 

Edmund  Allen,  of  Ant^uata. 

John  Mntt,  ot  8argerfield. 

Elisha  Bruab,  nf  Rome. 

Ira  Byington,  of  Camilen. 

Wm.  Carpenter,  of  Kirkland. 

laniahThurber.of  Liira.  ' 

Peter  Sleight,  of  Westmoreland. 

Aaber  Allen,  of  Augu«ta.  i 

Seymour  Carrier,  ol  8ieuben.  ..^ 

Ka*cli  Allen,  of  Floyd. 

V.ilney  Elliot,  nf  Kirkla.id. 

Tb«  rmdoe  of  the  petit  jiirora  were  diachargcd 
till  8  o'clock  on  Friday  night. 

Mr.  Hall,  attorney  general,  then  proceeded  to 
open  the  caae  -for  the  prosecution.  He  commen- 
ced by  eipreuing  briefly  but  feelingly  the  delica- 
cy of  hia  ait-ation  and  the  duly  which  had  now 
devolved  upon  him  and  the  jury.  He  next  re- 
verted to  tha  great  excitement  which  pervaded 
the  pablio  mind  from  one  exuemity  of  the  Union 
to  toe  other,  in  relation  to  tti*  important  tnal  upon 
which  they  had  now  entered,  and  the  evidONce  of 
which  waa  before  the  eyes  nf  the  jurv,  in  the  liv- 
ing maaaea  which  thronged  and  surrounded  the 
court  house.  To  this  excitement  it  was  the  duty 
of  the  jury  and  himself  to  cloae  their  eyea,  to 
know  it  not,  and  to  eachew  iu  influence.  Their 
duty  WM  plain.  It  was  to  elicit  the  truth,  t  >  be 
governed  by  tmth  alone,  and  to  keep  their  minds 
aod  their  judi^ments  free  tlrom  all  exiraneuus  mflu- 
encea,  prejudicoa  or  fears.  Truth  was  his  only 
puraoit;  and  if  from  innate  weakness  he  fell 
ehort  of  the  fall  performance  of  his  duty,  he  pniT- 
•dtfa*  jury  to  tcdouble  their  own  vigilance,  and 


elirit  truth  through  the  ohannaU  pfMented  tn 
them,  ill  ail  rases  in  which  he  might  be  deemed 
reniiaa. 

M  .  Hall  then  road  to  the  jury  the  greater  part 
of  tlio  indictment  found  ag«inat  the  priaoner,  at  lit* 
Ni»gtm  rix-iiit  for  tha  sh«ioiing  and  hilling  of 
Aniii«  Hiirfee,  on  llie  3()th  l>eremh«r,  IH37.  There 
were  a  great  number  of  rounta  in  the  iiidictmenr, 
some  charging  the  murder  to  have  been  dona  with 
a  gun— some  with  a  pistol;— some  charged  the 
murder  upon  the  piisoner,  an<i  others  upon  sundry 
other  initividiiila,  named  and  unknown,  the  pna- 
ontr  being  preaent  and  aiding  and  assisting  there- 
in. In  these  aeveral  counu  waa  included  every 
species  o!  murder  or  killing  knnnvn  to  the  statute; 
ami  iheaa  Mr.  Hall  briefly  gUnced  over  to  the 
Jury. 

Til  sustain  this  in«iiclmnnt,  Mr.  Hall  etated,  it 
would  b^  provedhoforo  the  |ury  thatonor  abou; 
the28ih  UocemK<«r,  1U37,  the  siaamhoat  Caroli.  e, 
a  boat  of  some  30  or  40  tons  burden,  left  Buffala 
for  Huhlosser.  The  boat  waa  manned  by  nlti(*'nM 
of  thn  United  States,  was  dulv  enrolled  at  the 
Ciiatom  House,  and  was  lioeiised  to  run  between 
Bitfldio  and  bchlosaer. 

At  that  lime  a  band  nf  Canadian  insurgent*, 
three  or  four  hundred  in  number,  had  taken  pn*. 
session  of  Navy  Island,  and  hold  it  in  the  name 
of  the  Rritith  g'lvernment.  A  great  eflTurt  wm 
aUi  miking,  at  iiie  same  time,  to  enliatthe  feel- 
ii'Ka  of  our  citiiens,  un  this  side  of  the  lines,  in 
•  tinalf  of  the  sufTeriiig  people  who  had  been 
d  •"•"I  by  their  haid^lupt  and  aufleringa ;  and  the 
vt'iMH  perHonn  who  had  been  thrust  from 
their  hoiiaea  and  hnm^a  in  the  midst  rf  a  fe>iberian 
winter,  loiiiid  no  diflTi'^uliy  in  enlisting  nmoi>g  a 
portiwn  ol  our  ciuzena,  eKppcially  am'>ng  the 
young,  the  sympathy  their  deplorable  aiiuntion 
naturHlly  drew  forth. 

but  with  the  band  on  Navy  laland  the  Caroline 
had  no  connec(ior>,  and  it  would  be  mine  i«i  ap- 
pear before  the  jury  that  she  waa  not  at  all  in  their 
einoloy. 

Mr  Hnll  waa  proceeding  to  explain  to  the  jury 
well  known  circumstanues  which  preceded  th<-  de- 
struction of  the  Caroline;  and  the  variuua  circum- 
stances attendir  g  the  same,  when  we  were  obli- 
cd  to  despatch  our  Express,  at  a  quarter  to  one 
o'clock  P.  M. 

MoRNiNu  finaioN— Continued. 

In  his  recapitulation  of  some  of  the  border 
acenes  of  the  times  preceding  the  deatrnrtion  of 
the  Caroline,  and  of  that  outrage,  Mr.  Hall  dis- 
played an  intimate  knowledge  of  the  progress  of 
those  events,  and  drew  livid  and  eloquent  pictures 
of  the  tuirerings  of  inhabitanta  on  both  side*  of 
the  line,  among  those  who  stood  aloof  Irom  the 
raging  quarrel,  as  well  as  those  who  were  imme- 
diately involved  in  it,  and  of  the  outragea,  massa- 
cres, burnings  and  deatruction  of  property  which 
accompanied  it 

Mr.  Hall  then  reverted  to  the  manner  of  the 
origin  of  thia  case,  arid  the  well  known  history  vf 
iu  progresa  from  court  to  court,  up  to  its  presen- 
tation hare  for  the  decision  of  a  petit  jury  ui  Oaet- 
da  county.  In  thia  recrpitulation  Mir.  Hall  intro- 
duced the  decision  of  ttie  Supreme  Court  upon 
the  motion  for  the  discharge  ol  McLeod.  argued 
in  New  York  hist  aummer.  When  he  had  pro- 
ceeded about  half  through  thia  deciaion,  the  court 
at  1  o'clock  adjourned  for  half  an  hour  to  dine. 
ArTERNOON  SicsaioN. 

At  half  paat  2  P.  M.  the  Court  had  come  togeth- 
er, and  order  been  restored;  and  Mr.  Hall  resum- 
ed the  reading  of  the  decision  of  the  S'lpremf 


Towt.  Upoai 
leiitHMiof  the  j 
paaaed  upon  b) 
the  killing  of 
in«  laws  «>l  wi 
Uw  of  ihia  <!UU 
Hoy  previous 
•nd  ttiat  It  IS  It 
<i  those  tribun 
rble. 

He  alao  vind 
the  imputation 
III  arma  againa 
waa  lo  no  way 
and  wholly  ii 
tnanrreciiwns  ti 

Tne  law  poi 
rfispoaed  of  by 
w«a  left  for  tn 
aenied  in  the  i 
ty  or  innoosni 
Uurfee.  To  i 
piired  l«)  prove 
ite  wna  preaeii 
and  ihemurde 
vy  laland  and 
tlKwe  eventa;  t 
iiig  poople  to  I 
Oaroliiie;  that 
what  lime  the 
alivr  the  oun 
aword,  siain< 
boasted,  waa 
— or  words  to 
roborating  cin 

Mr.  Htil  I  hi 
Uting  ti»  murd 
to  bring  the  p 
law,  up>n  the 
doring  I  heir  v 

In  conclUki 
jury  a  fuUaniJ 
dMvolviitg  up<i 
inipiifiaiii^e  to 
proceeded  to  ( 

William  W( 

by  Mr  Wood. 

Mr  W.-M 

Witneu— Ii 

Mr  W.— H 

Witness— I 

lived  there  pr 

Mr.  W.— W 

(he  year  1837' 

WitoesB— I 

camber  she  vt 

I  fiiMd  her  u| 

29ih  Uecemb 

there  about  6 

With  a  chain  i 

As  soonaaw 

and  went  to  I 

sel,  it  is  tisu 

watch  on  that 

vanua  Baring 

do  notreeoUi 

was  awoke  b 

to   Na^am  '. 

tiertha     occu 

me  up.  and  I 

give  my  banc 

of  the  handa 

I  told  bin  to 

but  allow  no 


roart.  Upon  flnnelading ,  Mr.  Il«lt  etiltd  the  «w 
ttiiiMNi  o(  th«  jury  lo  •»  much  of  tb*  !*«■•  u  wm 
I>m««k1  upon  t»y  th»  Hnprcmv  Court  linciaum — Ihnt 
ih«t  kiliinn  of  Durl««  «vh«  not  ci(nimi>t«it  unilHr 
ih*  law*  til  wmr,  hut  ram*  wholly  ii'iilvr  the  rivil 
Uw  tif  ihM  (!uuiiiry;  ih«t  it  w««  uot  iIim  r«*uliof 
Hiiy  pritvKiua  order  of  th«  Hrituli  g'>v««riirD«hl; 
kixl  ttiiit  It  !•  lo  til*  triMiiiiila  of  Ihm  roiiuiry,  itnd 
ii  tfiuM  tnbuiid« alon«,  liis  murd«r«r  wm  roapoii- 
rbl*. 

H«  alao  vindio«t«il  th«  murdered  Diirr««  from 
the  impuuiion  of  having  heon  an  imtitrc^n',  and 
III  armi  againat  Canad4.  Uurfa«,  ha  w  >uld  dioMr, 
«vaa  III  nu  way  c<miia«-trd  with  iha  iiiinirgoiiii, 
aiid  wholly  iiinmMnt  «>l  auy  parlicpat  uii  iii  Uia 
fnanrrer.iiwna  of  that  day. 

Tna  law  potiiia,  Mr.  iroi  cmMriiiad,  had  been 
ditpoafld  of  by  th«  8uprrnia  l^oiiri,  ami  all  ttint 
waa  lalt  for  iciia  jury  ui  piaa  upon  wna  thit  pre- 
aeiit«d  in  the  intliukmeni — waa  the  priaun«r  giiii> 
ty  or  innocani  of  partivipatioii  in  ilie  luurdar  of 
Durfar.  To  auauin  the  indictment,  he  waa  pre- 
P'lred  i«)  prove  the  aaaeriiona  of  the  priauner  that 
ii«  waa  preaent  at  the  deatriiciion  of  the  Caroline 
and  the  murder  ot  Uurlee;  that  he  waa  alMHit  Na- 
vy iaiand  and  Hcntoa»er  iniioeiiiateiy  ptcci^diiig 
ilKiae  evenia;  thai  he  waa  bn*iiy  eMg«g><d  unli.t 
iiig  poople  to  g>i  upon  thn  eiprdiiion  iiK>tinat  ihe 
Onrulinn;  that  he  w^a  •!  »chlo.a«r  iixi'iirniK  at 
wnai  lime  the  Caroliii«  would  bu  ini^ris  mikI  ihat, 
Ali«r  the  outrage,  l.e  cthibiied  h  p  atol  and  a 
aword,  a'aiiied  wi>b  blood — whirii  n'lMid,  l)<i 
hoaated,  waa  "the  blowl  of  a  dAiuned  V'tiikeu" 
— or  worda  to  that  etTt-ci — together  with  oih«i  cur- 
roburaiirig  circuinatnncea. 

Mr.  Htil  ihan  eiplnioed  to  thejury  the  lawa  te- 
luting  ti)  murder;  and  if  they  deemed  the  ie<iiiii<>ny 
to  brinii  ihe  pria«>ner  within  the  purview  of  that 
law,  up  m  their  natha  imixwed,  the  duty  ofren- 
dttring  their  v<>rdict  scrnrdingly. 

In  cont;lu«ion,  iVlr.  Hall  agan  Ufgfd  upon  the 
jury  a  full  and  unbiaa.ed  periormame  of  t'le  dmy 
dHvulviitg  upon  them,  impreaaing  upon  (hem  liia 
impof  laiice  to  ihe  priaoner  and  to  the  couiiiry,  be 
proceeded  to  call  hia  witneihoa. 

THE  TESriMONV. 

William  Well8,who  waa  aworu  and  interrogated 
by  Mr  Wood. 

Air.  W.— Mr.  Wella,  where  do  you  reaide? 

Witnett — In  Buffalo. 

Mr  W. — How  long  have  you  reaided  there? 

Witneaa — i  waa  born  there  aad  have  alwaya 
lived  there  pretiy  much. 

Mr.  W. — Wm  you  the  owner  of  a  ateamboat  in 
Ihe  year  18377 

Witoeaa— 1  waa.  It  waa  the  Caroline.  In  De- 
cember ahe  waa  lying  in  the  canal  at  Buffalo,  and 
I  fitted  her  up,  end  ran  her  to  Schloater.  On  the 
29th  December  I  ran  her  to  Sch  oaaer,  arrived 
there  about  6  in  the  evening,  and  made  her  faat 
With  a  chain  cable  to  a  pile  at  the  end  of  the  dock. 
Aa  aobn  aa  we  got  our  auppera,  we  aet  our  watch 
and  went  to  bed.  On  board  of  ateamboat  or  Tea- 
ael,  it  ia  uaual  to  aet  a  watch  over  night.  Our 
watch  on  that  night  waa  aet  about  9  o'clock.  6yl- 
vaniu  Baring  waa  one  of  the  watch  that  night  I 
do  not  recollect  the  othera.  About  12  o'clock  I 
Waa  awoke  by  aome  of  the  handa,  who  had  oe<»i 
to  Naiara  Fall8,came  back  and  finding  their 
^rtha  occupied  by  atrangera,  they  called 
me  up.  and  I  directed  the  atrangera  to  get  up  and 
give  my  handa  their  bertha  W  bile  on  deck  one 
of  the  handa  told  me  he  aaw  a  boat  approaching. 
I  told  hia  to  look  after  it  and  aee  who  waa  in  ir, 
but  allow  no  one  to  come  ou  board,    i  then  went 


■lie,  wliat  wo  khould  do  ?     Ho  lupiied  we  uiuat  do 


to  the  cabin  and  got  in  bed  ag«in,  but  preaently 

till)  WNii-n  I  u>i.e  down  and  told  in«  iliore  were 
fo<  r  or  liv<>  l»oat.i,  (lUud  wali  armtid  luon  ,  and  b«- 
lorM  I  t!ouiil  I't  in>  « loiliea  on  i  haard  pe«>pli)  on 
till'  dt'rii,  iiixk'iiK  a  grt-at  no  >te,  uud  iiixi  tiruro  irte 
ri)(M)ii  ol  aevtriil  gitna  »r  |<i«Uila  <>'■  drcW.  I  hturd 
niitH>>ldoal  of  hiil|.>iiig,  hut  rtiuM  not  diiiiiii((iiihU 
wliii  witaanid  I  (ini<:iiid*'d  llinl  tli«  pvopli' wfio 
litui  iMtniii  oil  iNmrd  wniiloii  to  |ii't  (Maafnaion  ol  the 
Inmii  ;  ami  knoMinc  I  could  iiutrvkiat  them  Idrtu*- 
ril  niyatilf  fully,  aecurcil  my  pujiera  and  mad*  for 
Iho  r<>ni(iiiioon  way.  livforo  I  icoi  u>  thn  ai.iir* 
Wlinli  Would  takM  me  on  il>i<  k,  I  li»'aril  onU-ra  kiv- 
t*n  to  •  tfive  no  (|Uiirii'rn,"  t<>"kill  tii«i  d>iinn<  J 
Yanki'i^fl,"  or  wonta  to  iiin*  litlei-i  I  ilini  lioiume 
aUiin<-*|,  and  naktfd  Oitjit.  A|)pl««hy,  who  wmb  with 
■lie,  wliat  wokhou'  •  •  - 
the  Itukt  Me  null. 

('a)it,  A|>p'«by  waain  advance  of  me,  and  had 
j  lilt  put  hia  loot  'tn  link,  li«<  wna  at-i<ed  by  the 
collar  by  aoaie  |/eri«in,  mIio  told  him  not  to  go  out 
there,  or  they  would  kdl  him  Aa  he  atrppad 
back  ihere  appeared  to  bo  iwo  ptrtiea  of  mm,  one 
C4>min4  f"*"*  *he  bow  oi  toe  t>oat  and  the  other 
from  the  atcrii.  Tn*>y  met  hy  th^  itb.M  door, 
winch  ihrycloaed,  and  1  h«trd  aworda  cln«nii>g 
add  liring.  Ciipc   A|ipi«-hv  and  niv»t<ll  ideii  rtiiDni- 

eil    iri.o    thtt  i:tiitlli;    i     lliriitrd    riniiiil  (h«*  lUHCtlli.H- 

ry  to  tint  forwnro  part  oi  tliw  lio.ii,  to  iiinKc  my 
eacHp  t  from  (he  forwaM  l<at<-hwtiy  by  a  pUim 
coiiiiiiun  ciitinc  with  the  derk;  wtnJM  I  ati'od  iiHitr 
in«  haich,  wnichinK  my  chMfie<-  lo  k«i  oiii,  «t  iuhii 
put  Ilia  hmid  upon  itio  haii;iiwHy,aiid  aiintiiKOowu 
liiUi  Ihe  ft  e-rnom  without  touiniiig  in«  pitnli;  he 
imnitdntifly  C'lUght  hold  of  the  ^lokf r,  nml  com- 
moiict^d  workii  g  Ht  the  tire,  mm  1  Mupp<  ai-d  for  ttio 
piirpO'iHof  giiiiiig  up  kto.'tiii  Mii'l  thliii't;  inu  bout 
oil'  1  axMid  ih«io,  not  nnriiiK  to  ninkti  a  noaw, 
till  h«f  gjl  bukily  ciigailfd:  wi.«(i  I  ira^Ud  Imclt 
into  the  cabio  without  hiah«arirg  ni«*,  to  ewca^o 
throiigii  the  v.n  in  door;  wlinu  1  put  my  head  out 
ut  the  cabin  d<H>r,  m>  iiat  briulit-d  iho  call  of  tne 
leg  of  H  man  who  wna  alnnd'iig  tlierM,  Hiid  thtnk- 
iiig  he  telt  it,  I  aprang  billow  agnin;  the  ctbm 
door  at  the  top  ot  tne  ataira  wna  open  at  the  iim*f; 
I  aguin  went  forward,  and  in  doing  *o  1  met  tome 
niiH,  who  ran  againat  mt ;  1  auppoacd  him  to  b» 
one  of  the  attacking  party. 

We  ap<>ke,  and  «acn  paaaed  on.  When  .  '.;:>".  to 
the  Hre  luuw,  arid  watchi'>g  my  chance  to  eac  r^e, 
the  man  who  firat  entered  aiill  aai  there.  t{9 
aoon  roie,  aeiy.f^d  a<<in»)  one  who  had  accreted  liiio* 
aelfihere,  hauled  him'  laioihe  hittit,  andinruugh 
language  uaked  hiiu  who  he  wn*  und  what  he  waa 
doing  mere.  1  then  aaw  it  wua  Aiiiua  Durfee 
whom  he  had  aeixed.  Duifee  replied  that  he  be- 
longed to  the  biiat.  I  did  net  then  know  his  name 
waa  Durfee,  but  only  knew  hiro  aa  a  ai^ge  driver. 
The  other  then  uaed  very  op prohnuua language  to 
him,  and  keeping  hold  of  him,  ordered  biinio  fol- 
low him  on  deck  or  he  wuuld  blow  hia  braiua  out. 
"They  both  went  upon  deck. 

My  intention  at  firat  waa  to  go  up  and  aurren- 
der,  but  from  the  ueaiment  I  aaw  Durfee  receive, 
I  concluded  I  had  better  not  do  ao.  I  ubterved 
that  the  port  hole  on  ihe  atar  board  aide  of  the  boat 
uaed  for  throwing  fire  out,  waa  open.  It  waa  8  or 
10  inchea  aquare,  and  I  thought  1  could  make  my 
eaoapeoutof  it;  but  I  aoon  became  aatiafied  I 
could  not  Itried.butdidnotaueceed  lt!wouidnot 
have  been  aafe  for  me  had  1  aucceeded,  for  there 
waa  a  man  right  under  it.  I  ihen  went  into 
the  e/ter  cabm  and  threw  off  my  uverooar, 
with  the  purpoae  of  awimming.  I  returned 
to    the  hole,   looked  out,    and  aaw    done  Uy 


6 


kynwl  b«<iit  with  n»n  in  it  ■'ravil  wnh  honrtl- 
iiti;  |<ik«a,  •Vc  'riiiiy  titpii'irrd  Ut  tmvr  jml  iliroMfn 
itiK  pnii>l««r  •  n  Imiirti  iii«  «tcain'utNi,  mikI  riikIh  u 
fiiati  itr'it  inc ir  S 'Ml  wna  nM.inmnig  roiinti  with 
ttt«)  nirroMt.  I  nitw  Uirri*  wita  ii't  iIimiii  •  ol  km 
f  npa  t'ltii,  niiil  rntiirticil  tu  lh«  ki'irr  nnhin,  aiiH 
Imil  i;i)l  oiif  <it  ttio  «v!iifiii«vii  iif-nrly 'lilt,  m>Ii««ii  I 
<li«i  iivtiri'il  iM'ii  ynwl  hiMiU  inntto  litkt  lo  lh«  atmtu 
•ifitiK  ttxninli  nt,  vviih  H  riinri  in  imrh  I  huckwd 
nut  nKuin,  mill  atiMKl  wiiiiiMf  till  I  felt  lli««  tmat 
ni'ivn  triini  tli«  whnrl.  I  mri  up  lh«  ■itiira,  iiiiil 
wtiilii  do'.iK  ro,  Irli  iho  Sral  kirik"  tliK  wharf 
MKiun.  ^ur|n|(  no  onn  ■tniidinK  ii'  llic  c  iliiii  itiMir, 
bill  Irnm  tlin  ni>i»f>  III  ihn  nifrn  ol  ilic  hoi  t,  <'>>n< 
rliiili  il  I'  vvim  tioi  iiHfn  m  vcttMirn  mil.  Ueinn^ 
Itna  Wiirit  Kivfii  in  i'ii«i  ■•(1°,  in  lire,  nnd  an  inquiry 
for  n'okrm.  I  •»»'|i(.i«l(iiii.»ii  H-ck,  amt  "aw  ihr*« 
rni'ii  Miaiiilintr  <  Inm  hy.  Hrinol  I  i;Mwlii«led  lo 
kurreriilt.r  (>>  ihvm,  nnd  tleitprd  up  lo  itii*  lirat  (in« 
/•ir  lltul  |iiirp")i*  I  VV4M  ihiik'i'f  wlmt  t>>  nay, 
uhen  «f  etiiK  uxy  itid  not  Minpi'ct  in<>,  I  |ia«M«<l 
by  liioin  toMiiid  tii«>  how  of  tint  boat,  till  I  not 
DiioAkiin  ill"  KMi)t  wny,  nnd  plarvd  mv  hiind 
ii(xin  t\w  rnilinfr  lo  ktmymiU  u^xin  theiloi  k,wh«>n 
(inff  ol  ihm  ihrtin  in«>n  cnnu-  iiixtn  hh'I  t«<ir.>.d  luo, 
aayir^  "liollo,  «lo  vu  b«liM'((  ui  ilin  boat 7"  I 
nn«Wf  r«i<l,  no,  I  do  not— I  tirlouK  niilii>r«.  'I'hair 
attriiticin  Milt  nt  thill  ninnii'tit  Hir«<'trd  by  a  ni«t4il 
tiut  wiia  flrod  holvind  thrm,  and  !  Nt<>uped  cfl',  up- 
on tliH  do<  k,  got  in  a  pomti'iii  h«hinn  the  whcnl 
hoiiite  HI  which  thny  could  not  ■«•  ni",  and  to  ef- 
teou'd  my  e»rBpo  frum  th«  wharf  When  I  Rot  to 
tlio  Itiwcr  I  rack  of  the  riiilroad,  i  iaw  a  man  ly- 
ing  ahiMit  t  fi't-t  fn.m  the  fldf(e  of  thf«  wharf,  with 
hia  hfpd  to  th«  boat.  [The  wiiriria  here  irave  the 
rourt  nnil  jiirv  a  dnicrmtiori  of  ilie  dock,  ware- 
houwn,  milrond  trMck^R.  SooiiK  th«4  man  lying 
thcie,  I  pniieil  on  1 1  Iho  other  irni  k.  and  got  to 
tlie  otheratid  of  ilie  i^«M  h,  when  I  tiiw  two  m  n 
■t^Jiding  tlicrn.  whom  I  iiippoacd  to  ho  a  guard, 
nnd  ron<;lndcd  I  'nul  not.  got  out  (>f  trouhio  yitt. — 
I  r:oiicIuded  10  tiiln,  n:id  while  l(N)king  for  h  pliico 
to  d. I  urt,  the  people  on  ihfl  hunt  ru«hed  <  fl',  eaflt 
henir,  nrid  then  muv  «li<«  waaun  fie.  1  roiudiid' 
fd  to  try  my  lu'^k  with  tho  two  men  whom  I  «iip- 
poflrd  to  be  giinr^H,  hot  htumi  tiiem  lo  hn  men 
tK'longed  to  my  bout.  It  wna  then  rienrlv  li^ht  as 
diy  from  tlio  flro  «if  ihe  bout  I  p.»kf  d  thim  where 
win  Ki'ig— anothrr  of  the  l»a'id»— hut  they  taid 
they  knew  nothing  of  what  hud  bocuroe  of  him 
or  of  ony  other  uf  t  e  haiida.  Juat  then  a  man 
whom  I  hupponed  to  he  King  mai'e  hia  npfiearanoe 
on  the  dot  k.  I  apAe  to  him,  arid  ho  unnwered. 
He  wa*  very  bndly  wounded.  'Ihe  next  mi>rn- 
ing  1  buw  Diirf.  e  lying  on  his  fie.e,  dead,  in  the 
■ame  »pot  n  here  I  aaw  the  man  1>  iog  the  night  be- 
fore, ilii  head  wna  nhattered.  He  appeared  to 
have  a  hall  fired  through  his  head  from  rear  to 
front,  coming  out  nt  hia  furehi  ad.  He  appeared 
to  have  bind  a  good  deal.  1  saw  tie  realotte  cap 
he  wore  on  that  night.  Thern  ^ere  two  holei  in 
it  on  opposite  Bidex,  and  appeared  to  be  ninged  on 
the  hark  aiile. 

Itmua  have  been  between  12  and  1  o'clock 
wheri  the  asgailanti  boarded  the  Rieamboar. 

Witness  thinks  the  number  of  asuailnnta  was 
between  40  and  50.  They  came  in  five  yawl 
boots,  each  of  which  would  car.y  8  or  10  comfor- 
tably. The  men  on  watch  on  the  steamboat  were 
not  armed,  nor  was  any  person  who  was  on  bonrd. 
The  crew  contisted  of  ten,  and  there  were  ^3 
sleeping  on  bonrd.  They  had  arrived  too  late  fo* 
the  cars,  nnd  the  public  houses  being  overflowing, 
I  provided  ihem  with  lodginga  to  arcomroodate 
them.    I  had  iutended  to  run  up  to  Ulimk  Rovk 


Rend  that  nig>it,  and  bud  invittd  a  few  friendi  to 
gi»  with  nie,  i«ii>l  ilii-y  were  aUo  on  boitril.  N>  hl<i» 
ker  IN  ah  >ni  two  mile*  above  Niaaara  F«ll«,  in  the 
Utwit  and  ciiiiiiiy  of  Ningara.  Of  all  <  ii  tMiard,  6 
or  7  wvremiMing  in  the  morning,  and  aimnny  as 
7  have  nevri  kiiic*  b«i«n  haurd  ot  lu  far  as  I  have 
heard. 

On  eiamiiiig  King,  h*  was  (iiund  vary  sever* ly 
wounded  on  Ihe  right  ■houldar,  nnd  hia  leit  arm, 
rnd  hi*  rlothfx  w^re  fu  I  of  bloo«l  and  cut  in  mf 
ny  p'nres  where  the  tli>>h  was  not  reached.  n»- 
veritl  oihen  wure  Nlighily  wouiided.  John  Leon- 
ard run  ivet'  a  Mow  on  t'le  forrhend  with  a  bli  nt 
weH(Miii  Capi  llinhng  had  a  suvererut  ttirougn 
hi4  cap  into  hi*  hi'Hd,  breaking  theakull 

My  iJij  Ml  in  ruiioinK  fiiy  b  -at  from  ItnfTalo  and 
inlerineiliMte  plno>-s  on  l>«>ih  aborts,  was  to  in:ike 
money,  convey  ins  paiseniers  and  freight— ( iiicri* 
ingn>  (irtno  Ulnnd, Tonawanda,Navy  Uland.aiul 
N  I  pping  at  Hchlo*«er.  On  tha  day  tiefr"0  nhu  wax 
deniruye)!,  nIiu  had  mad*  two  iiurh  trips,  bill  litlla 
bt'Didex  was  rsrried  on  that  day.  llut  litile  freight 
WHS.  tl'eied  roNiivy  Island, anonoiia //-Mm It.  I  tiMtk 
whiit  wiksiliorcd.  On  ihat  day  <'apta  n  Appl<-by 
acted  for  me.  Neither  I  nor  luy  boat  hnd  any  coU' 
neciion  with  iho  Nnvy  Nianders,  whatever 

I  do  not  ihnik  ii  wax  Uurfeo  whom  1  saw  lying 
on  the  dock  in  the  night.  1  think  1  heard  as  many 
an  40  or  &0  shots  hred  during  the  atlnck  on  tlko 
boat.  No  swoils  were  in  the  poasaasion  of  any 
body  on  board  my  boat,  to  my  kiiuwl>dge  Tha 
nssnilnnts  bo  rdi d  the  boat  in  tw(>  pirties— <m«  at 
the  forward  and  the  other  at  the  after  gangway. 

Thcra  were  several  lights  buruing  uu  board  the 
boat 

Cross  ex*mined  by  Mr.  Spancer — I  do  not  know 
of  any  Ii  ;ht  nt  the  companion  whv  at  the  lime  of 
the  HiiH'k.  When  I  left  HufTalo,  1  had  but  IWl» 
whom  1  had  a  right  to  call  hands — one  wna  my 
brother  in  Inw,  King,  the  other  was  a  black  boy.  1 
never  found  rnoro  than  one  person  who  was  killed 
in  the  attack.  1  do  nor  know  the  namea  of  any  of 
the  missing.  There  was  no  appeoranca  pf  Durfea 
having  taken  a  step  after  he  was  ahot.  I  h«v« 
been  exnmined  levernl  limes  before  on  this  sub- 
je<;t,  but  do  not  reim  mber  whether  on  any  former 
occasions  1  have  niei.tioried  the  appearance  of 
Btornhing  on  Uiirfce's  cap.  8he  was  sold  iu  the 
summer;  I  became  purchaser  nud  sole  own- 
er. There  was  an  understanding  between 
Mr.  Scranton  and  myself,  that  when  navigation 
opened  in  thoupring  he  was  to  be  entitled  to  be- 
come a  joint  purr  haxer.  There  never  was  a  bond 
of  indemnity  given  me  for  running  to  Navy  Isl- 
and. Thero  was  some  conver<a<ion  about  giving 
me  a  bond  to  indemnify  me  for  damage  to  the  boat 
in  consequence  of  running  to  Navy  Island;  but  I 
never  hud  an  inter  lion  to  receive  such  a  bond — 
never  knew  who  was  to  give  it,  and  never  heard 
of  its  completion. 

But  little  freight  was  taken  on  board  at  Buffalo 
that  day.  There  was  one  cask  containing  heavf 
articles,  and  some  other  articles  I  do  not  remem- 
ber. I  do  not  think  there  were  mora  than  half  a 
doien  passengers  from  Buffalo.  I  saw  no  arms 
upon  any  p-rson,  except  one  man  on  board  had  a 
ritle,  with  which  he  shot  ducks  on  the  passage.  I 
do  not  recollect  of  taking  in  any  freight  at 
Black  Rock  Bend,  and  bat  alx)ut  half  a  doxen  peo- 
ple. I  saw  no  arms  with  any  of  them,  ex<:ept  tlie 
riAe  before  rn^med.  There  was  an  old  sword  lying 
abtrat  the  boat  somewhere.  1^  wss  the  first  trip  I 
had  ever  made  in  her,  and  my  attention  was  most- 
ly taken  up  with  the  machinery,  Ao.  of  the  boat. 
I  have  petitioned  the  govenuaeat  fat  compeuMh- 


\w  frirnda  to 
Inril,   N>  hl<i» 

|K«ll»,  in  Ui« 

I'll  hiiiinl,  i 

HI  mill  y  na 

\ikt  u  I  tiav* 

TV  MVMrc  ly 

hia  lait  anil, 
'  rut  ill  iDf 
ih««i.  »»• 
John  l^im- 
with  ft  bli  lit 
rut  tttri'Uut) 
ull 

Hiiflalo  and 
waa  u»  in:ik«« 
Rht— 1  iiH'ri- 
|y  Iklami,  aiul 
i{i"»  mIio  wa4 
it>»,  hill  littU 
litilv  fri'iK^ii 
'rotn  It.  I  t<Mtk 
|ta  n  Ap|tl<-by 
hid  niiy  ci>ii> 
it«ver 

1 1  aftw  lyinif 
Hard  aa  many 
kttnek  lilt  itM 
laaion  uf  any 
vi'dge  'I'll* 
irtiea— oiM  at 
r  gangway. 
;  uu  buaid  tha 

I  do  not  know 
■ttba  lime  of 
had  but  twi> 
one   Waa  my 
a  black  hoy.  1 
rho  waa  killed 
imea  o(  any  of 
nee  of  DurfM 
■hot.    I   h»ve 
a  on  tbia  auh- 
>n  any  former 
ippeararico  of 
na  told  iu  the 
d    aoJe    own- 
ing   between 
tn  navigaiiiin 
ititled  to  he- 
ir waa  n  bond 
to  Navy  I«t. 
about  giving 
gn  toiliebtjiit 
Island;  but  I 
ich  a  bond — 
i  never  heard 

>rd  tt  Buffalo 
lining  heavf 
)  not  remem- 
than  half  a 
aw  no  arm* 
board  had  a 
i  paaaage.  I 
y  fieight  at 
a  dozen  peo- 
I,  except  tlie 
!  awnrd  lying 
befirvttnp  1 
on  was  moat- 
■  of  the  boat, 
r  compeuMh- 


-I 


lion  (it  lh«  !•»••  of  my  Koai,  arid  I  have  haan  #«• 
arome  *  hy  i.flii'aia  nl  iho  I'lvuriunani  nii  the  kuh- 
)-*<<i.  My  inuniKin  wa«  iii  run  lM<t«v#«n  Mt-hloMer 
Mild  Navy  Ulai.d  aa  lot  g  aa  would  h»  |ir>iiiinhl««  I 
have  never  umMratiMHl  ihat  if  my  h  tal  waa  ii»ed 
to  itunvny  ntiu.iiKina  Sir  u>  th'i  ilavy  lalandura, 
(fxverrinieiii  would  not  allow  me  oumpeiiaatiou 
lor  her  loaa. 

Among  the  articlea  I  tuok  that  day  from  Hrhloa* 
■er  to  the  Uland  waa  a«ii-|Hiuni<er,  a<im*  lumber, 
a' raw,  a  horae,  4co,  which  I  left  at  the  latand 
Home  muiketaalao  went'ivrr — perhapa  10  or  1.^  — 
there  inigbi  have  been  more  -may  he  a  humlrad. 
Alio,  tiinio  ariiclea  ol  pntviaiuna.  (  waa  iiiformetl 
ihnWavy  lnUii'lera  would  inihe  ruiiraeuf  a  we*k 
leave  the  la  am),  rume  hi  ihia  tii|»,  and  <titper»e. 

I  nevrrhad  any  t<l*^  ibat  ihnv  wou  d  go  into 
('annila;  on  l\w  'iCiiU  I  viaited  Navy  la  and,  anw 
nhou(  250  periona  ihere,  eleven  piecea  ot  rann<>n. 
aomn  miiunted  and  pniiited  toward  b«ith  ahorca;  I 
I  do  not  know  who  had  'onimHrid  at  that  time,  Imt 
nndoratood  it  waa  Van  Utiiaaellaer;  I  do  not  know 
that  there  had  at  that  tune  been  any  firing  either 
to  or  trom  Nnvy  Ifta'id;  I  received  aonin  f  IU  for 
freight  O'  the  Inai  day  mv  boat  run  between 
Hchiosat  r  and  the  laland;  1  did  not  receive  regular 
freight  on  that  day;  I  know  of  no  tiring  between 
tkeldandand  the  Canada  there  on  that  day — 
There  had  been  firing  a  few  daya  before;  and  a 
few  daya  alYer  the  deairnntion  ol  the  boat.  I  aaw 
■heila  thrown  from  the  ('aiui'la  ahore  to  the  (■• 
land;  before  running  my  boat  to  the  Island,  I  law 
peraonion  the  laland,  with  whom  1  ronveraed 
about  running  her  to  the  Island;  I  saw  Van  Kent* 
aellaer,  Dr.  Ohapin  and  Mr.  Fiagg.  They  ro- 
qiitiated  me  to  come  there  with  her,  and  said  I 
could  make  money  by  it;  I  did  not  aay  whuther  I 
would  run  her  there  or  not;  I  do  not  recolleirt  that 
they  aaid  any  thing  about  giving  me  a  l)ond  of  in- 
demnity nor  that  thay referred  me  to  the  "commi'- 
tee  of  thirrocn"  at  Buffalo.  I  do  not  know  that  I  hud 
any  conversation  with  nny  of  that  coininitteo 
ahoota  bond.  I  have  understood  thit  a  commit- 
tee had  a  Commiasary  named  I'tiolpa,  and  a  Caah- 
ier  whose  name  I  did  not  know.  'I'ho  Caroline 
wns  at  that  time  lying  in  Ship  CannI,  ice  bound  ; 
and  a  good  many  men  helped  to  cut  her  out.  The 
cutting  out  waa  attended  with  but  little  exprnse 
to  me,  nor  to  any  body  else  that  1  know  of.  1 
would  have  cut  her  out  lor  any  purpose  that  would 
make  money.  8ho  had  been  undergoing  repaira 
for  a  fortnigh%  at  a  coat  of  about  f  100,  which  1 
think  I  paid  with  my  own  money.  Mr.  Scran  ton 
aays  he  paid  it,  but  I  think  I  did.  At  the  time  I 
commenced  repainng,  I  had  no  idea  of  running 
her  to  Navy  loland.  1  paid  €800  for  her— the  bill 
ofaaleis  trom  John  H.  Mason.  I  bought  her  on 
the  latof  December,  1837;  she  waa  cut  out  of  the 
ice  on  the  28ih,  aud  destroyed  on  the  29th. 

1  know  the  time  when  the  bard  that  took  po«- 
■eaaion  of  Navy  laland  left  Buffalo.  They  had 
a  meeting  at  the  Theatre  a  day  or  two  before, 
which  I  attended.  The  avowed  object  of  the 
meeting  waa  to  aynpathixe  with  the  Canadians, 
Mr.  McKenzie  aiddreased  the  meeting.  I  do  not 
know  who  else  apoke.  I  understood  that  le  ob- 
ject in  taking  possession  of  Navy  Island,  waa  to 
concentrate  there,  and  "free  Canada."  1  was  not 
in  their  secrets,  however,  and  cannot  speak  from 
bno wledge.  I  never  had  any  idea,  bowe  ver,  they 
would  "free  Canada. ' 

Direct  resumed— I  never  had  any  connection 
whatever  with  any  •aaociattona  or  mattera  of  that 
sort  connected  with  the  Canadian  instirrectioD. — 
My  ol^eet  in  ninniiif  my  bott  to  the  Island  wm 


jny  ""O  fair*,  ard  tFe  arrofiim.Mlation  of  tl.e  au1>- 
ll<'  at  linlfalo  as  wall  n»  at  iha  island      It  woe  art 


sip  riiueni  I  itxk  ii|*  in  gHid  r«ith.  uninHiteiK^d 
by  any  other  •onaid-raiioii  than  my  own  p*cana> 
••y  IwneAi  A  gr«a(  many  weit  Irom  HnlTalolo 
.%Hvy  laJHod  iiid  reiiirned  in  my  bwt.  I  pre- 
sume I  brought  back  more  than  1  took  Iu  the 
Island. 

To  Mr.  Spencer— 1  krow  u{  on  cannon  ball  m 
iMiilcr  Iron  punchii>i<s  taken  ut  the  Island  in  my 
hoat  The  t^ollrcuir  told  me  I  might  go  to  Na- 
vy Island  and  •  arry  any  thing— arms,  ammuni- 
tipn,  or  anything  rUe  to  Nnvy  Island  for  freight, 
lie  g<tv«  roe  my  pap«^ra  readily  and  interpuaed  no 
oiijMc.tion  to  anything  I  had  ihi  board. 

I'he  examination  of  ihia  witneta  here  Hosed; 
and  the  court,  at  half  |i.i«t  (i,  adjourned  to  a  quar- 
ter to  H  o'c'ot'k  to-morrow  morning. 

Ti/rsPAT,  Oct.  5,  I8II. 

The  ('eiiri  met  at  the  app  lin'ed  lime,  and  at  8 
o'clock  was  ready  to  prrx-eed  to  buaincas. 

Daniel  J.  Htewait  was  then  calird  to  the  stand 
and  sworn  for  thn  pio.ecm  o  i.  In  Doceinbei  I^4.t7, 
I  resided  in  KulUlo,  at  d  knew  the  ateamboatCa- 
rolliiM.  I  wiia  on  h  iir<l  ^if  her  at  Schloaaer  on  tii*< 
2Jih  of  December,  IH.'iT.  Wm  left  Hulfalo  alMiul  H 
o'clo<  k  III  the  morning,  and  arrived  at  -Schlosier 
about  4  (i'cUm  k  P.  M.  We  stopprd  at  Hchlosser 
about  6  o'clot  k  P.  M.  and  maile  fast  to  the  dock 
for  the  night,  with  the  how  up  stream.  Atone 
o'clock  in  the  night  I  wa<i  called  to  uke  my 
poit  as  a  watc;h  on  dei  k.  About  half  an  hour  al- 
ter I  camo  on  watntt  (Capt.  Kennedy  waa  on  the 
watch  with  ni*)  one  of  na  diaoovered  boala  near- 
ing  u*.  My  llrai  impression  was  that  they  were 
Iiidinn*.  I A  map  w>s  here  shown  the  witness  tu 
enable  him  to  ei plain  to  tho  jury  the  situation  of 
the  Caroline,  the  nOHcking  boau  AccJ  When  we 
first  stw  tl^o  hoaia  they  were  nearly  ahreaat  tho 
how  of  the  sien'nb«mt,  and  out  in  the  stream.  I 
told  Capt.  Kennedy  that  ho  hud  hotter  catl  iliem 
up  from  the  lower  ciihin.  Tlio  boata  were  bond- 
ed towards  the  ateamt>oat.  (Japt,  Kennedy  call- 
ed them  np  from  heltiw.  A  few  minutes  before  n 
man  by  the  name  of  Nichols  cnme  on  board,  and 
remained  on  deck.  He  hailed  them,  aaking  ''Who 
comea  there?"  or  something  like  it  The  answer 
was  "Friends!" 

They  appeared  then  to  spring  on  thoir  oars,  and 
approach  the  steamboat  Whan  Nichols  came  on 
buard  the  boats  were  four  or  five  rods  off.  One 
boat  appmachrd  the  atern  nf  ihe  st«4amboat,  and  1 
ran  aft  tn  see  who  they  were ;  and  by  the  time  I 
R<  t  aft  the  officer  of  the  boat  nad  got  ou  board  our 
boat  orer  the  rail  a  little  aft  the  atem  gangway. 
When  I  got  up  to  him  he  had  got  his  sword  drawn 
and  Btotid  in  an  attitude  as  if  he  was  going  to  strike 
me.  He  then  ordered  his  men  on  deck.  I  then 
discovered  several  other  men  in  the  act  of  getting 
on  deck  from  the  boats.  1  then  passed  aft,  on  the 
outside  paasagi^,  to  go  into  the  ladiea'  c«bin,  to 
alarm  those  who  were  there  lodged,  if  they  had 
not  taken  the  alarm  ;  but  they  haa  heard  the  noise, 
and  had  got  up  or  were  getting  up.  I  then  left  the 
cabin  and  went  ashore.  I  wa*  not  armed,  nor  did 
I  use  any  weapon.  Neither  Kennedy  nor  Nichols 
were  armed,  nor  did  they  diacharge  anp  fire  arms 
to  my  knowledge.  I  saw  no  arms  among  either 
the  crew  or  those  lodging  on  board,  and  I  have  no 
knowledge  nf  any  arms  on  board,  nor  resistance, 
nor  preparation  for  resistance.  No  attack  was  ex- 
pected; it  is  always  customary  to  set  a  night 
watch  on  steamboats.    1  did  not  discover  that  the 


a 
..*»»-»-* 


••MOinto  «•?•  umtH  tUl  I  n*!  \htm  nti.  Ntw* 
k*i  rttiftfdaxl  fofMiirii  iMfoit^  I  waiti  ■(!  Tli«y 
ailfhl  h«v«  tM>«rtl<ii  (urmmni  ■Imhii  iii«  miim*  linio. 
Wiivii  I  riiiR*  nut  ii(  lh«  Udist'  mtMri  lo  ■••  Mhorr, 
I  ttcaril  rtr«  nrin*  <li*<<tur|t><l  tn  ib«  fof  Msnl  i>«ri 
■  •I  III*  hu«l.  I  •till  (ltd  •*<#  |liirr««  III!  I  a«w  )mii 
<t«aii  lli'i  ii#it  morning.  I  h«<i  ■•vii  hrn  on 
IHMIll  Ul«  •««llll>f  h»f4»f«.  I  ••«*  t  «M  *  •»""«•  ■!'• 
iirot«:hiiig  th«  ('4rutiit«.  I  r*m«ii>«<(  in  iif  hi  of 
tlMibtMl,  tbovs  Ui«  r«tir«M<t.  nil  lh«  ('nroltne  lnA 
the  whNrf  Afwr  klm  had  b«<iii  liMiMn#«l  from  the 
^liarf  aha  WM  lowad  into  th«  •iraam  by  riiw 
htMta  I  till  tiutiM III*  C«mIiiii<  ffniuiid  aliar  l«av> 
iiif  tliit  nlitrf.  WlM<n  iha  mw  ImmU  |i>i  hor  iiiio 
Uia  •iraani,  Uiay  t:a«l<>||,  and  made  f>»r  Ilia  Canada 
abn'»« . 

VThan  1  c«m«  out  i>r  iha  ladi**'  O'lbm  I  haard 
•b«  utiicar  Mf  lh«*  llral  lx>at  tliat  lMmrd*d,  «iva  or* 
dara  b>  "(tuirti  iha  K«iiRwny,  and  ahow  iha 
damn*  I  rabala  no  <{  lartari."  I  vaw  mi  liriiii  fm  n 
tb*)  v»«rehoui«,  I  livnrd  claahing*  <>f  awnrd*  on 
b<»ar)',  aa  wall  a*  liriiif .  It  appaaftd  to  ba  pi«tut 
flriog. 

JaiBfli  KlaM  wai  th«n  ratltd  and  aworn  for  iha 
pr.iatcufion  —  Hiv*  m  Hrlilnavar,  and  did  to  in 
l>er«inl>«',  I1'<7.  I  k«*|)t  n  public  houta  ih»r«t  at 
that  tiina.  I  r^'^^illt-t't  ihn  dfntriiciiun  of  tha  I'aro* 
liiia.  I  WM  MMioKo  hy  Iha  Nlarm  and  git  up,— 
About  I  o'riock  nt  niifhl  I  wi-nt  to  tha  wtimf'  iind 
f'»und  Uurt«e  lyig  imrBdrad  ll«  Uy  with  hn 
u«nd  from  ilie  wuiur,  and  hi«  feat  t«>ward  it— lying 
p»rtly  on  hi«  fan».  A  ball  niuirarid  to  havti  lit'fii 
allot  tliroug It  III*  IiiokI,  from  tVoiit  lo  rrar,  f  >niing 
uiit  anout  ttia  niidilla  uf  thx  lor«  IimrcI.  Hi  i  braiiia 
wvra  all  blown  out.  IIo  niipHnrrd  to  hav*  b«*n 
blown  down  un  thu  apot.  il«  wa*  abuut  'I  fnot 
Imm  tha  walar. 

lilt  Clip  «vna  found  lying  clot*  by  the  aidaof  hia 
^lead;  tlittrr  wera  two  hol«Bm  the  (!Hp  rorraapond* 
ing  with  thnaa  in  hia  head,  li  appeaiad  to  baiiif 
gt  d  near  the  hole  in  the  bai  k  pnrt;  no  peraiiii  in 
my  huuto  waa  urrond  that  nighi— me  gun  only 
waa  in  the  houka— the  gun  wia  fired  off  by  a  roan 
whom  I  did  not  know — he  atiKHl  about  ten  ro«lt 
iVona  ihe  huuaH,  tow-rd*  the  river — he  fired  ai  the 
boaia  that  were  towii'g  uH'  the  Caroline  ;  they 
had  g<)t  aome  twenty  roda  from  ■  he  w  harf,  and 
about  ten  roda  below  the  line  ol  ih«  atuie  home  ; 
the  line  upon  which  the  t;iin  wu»  fired  waa  .'i  or  b 
roda  betow  where  Uiirfea  waa  found  lying  dead  ;  1 
remnnatrated  with  tlin  ronn  fur  flruig  the  gun,  and 
vild  him  it  might  aggravate  the  men  to  attack  the 
iiouae. 

John  C.  Iliggarty  awom— I  retide  at  BufTulo— 
lived  ilipre  in  uenenilie",  18 J7.  I  wat  on  biinrd 
the  Cnrulino  when  the  wna  attacked  and  dettroy- 
ed.  I  wat  in  bed  when  the  watch  gnvc  the  alarm. 
I  waa  a  pamonger  un  board  the  Caroline — not  • 
paying  pattenger  It  ia  a  ouatom  among  tailing 
men  nut  to  pty  paaiage  to  each  utiier.  We  call 
one  ar  )tlier  "dead  lieada."  I  waa  a  "dead  head" 
on  the  piiiaaga.  If  neceaiary  we  ttke  hold  and 
help.  On  the  occaaion  of  the  aaaault,  Kennedy, 
one  of  Ihe  watch,  came  to  the  door  of  the  ladiea' 
cabin,  where  royteif  and  othera  were  tleeping,  and 
told  ua  if  we  did  not  get  up  we  would  be  hurried 
up.  We  then  got  up,  wad  I  went  out,  and  at  the 
aiern  atarb'jerd  gangway,  I  aaw  a  boat  with  10  or 
12  armed  men  in  her.  The  boat  lay  with  her  head 
up  aiream,  and  waa  witbin  16  feet  of  the  ateam' 
bitat.  Before  the  yawl  reached  the  steamboat 
three  pittola  were  fired  from  tha  yawl  at  myself 
a  othera,  who  were  near  me.    One  of  them 

1  ( know  who  he  waa— fall,  and  Mr.  Leonard 

aa  by  me,  and  myaelf  started  off.    I  isad« 


1»t  tM  gangwty  on  the  alarboard  a  de,  where  I 
wa«  mat  hy  tntit  «rm*d  wilhruilataaa,  wh'i  oppu- 
aed  III*  and  wmild  not  Ui  him  p4iii.  A  biel  h^d 
bri'ii  r<in  under  l>i«  larlMwrd  guard,  and  ariiii><l 
m*n  btd  got  from  her,  «<ini«  ii)iuti  ih«  Nn»',  •ntl 
u  hi>r*  Dp  HI  tha  dirk.  I  then  ttnntot  logn  forward 
III  the  Utiv  giiigwaf .  to  get  oil  ih»  Ixiai,  and  when 
I  goi  furwaril  I  wat  lirail  at  hy  a  nmu  who,  wah 
uihaiM,  waa  griitng  oti  board  hirw«rd,  fioin  iniaM 
—  I  then  rtn  alt  iigniti,  ami  ih*'*  aew  aiill  lying, 
Ihe  riitii  who  full  niNMi  Ihe  Nrai  fire.  I  then  return- 
ed fo-  ward,  and  when  I  goi  u>  the  tu'c  itil*  I  hearl 
awotdt  olaahiDg  and  piaoilt  firing,  1  aiippoaed  at 
the  time,  that  Ihe  p«r>ie«  I  bad  inni  on  ib*  board- 
ing on  opptMiia  aitiea  of  the  boat,  bad  roine  tngath- 
tr  and  were  fighting  among  Ihamtelvat,  I  ili«n 
succeeded  In  gatiing  aahoie,  and  through  the  alnr*' 
tioiiae  nlf  the  dock.  About  lhr«e-|ourtha  of  an 
h  >ur  aftnrwarda  I  aaw  Duriee  lying  d>iad  ou  the 
drx'k.  I  had  bean,  with  four  othera,  down  lo  llur 
Falla  to  get  lodginga,  hut  not  auo  eading  I  relum- 
ed to  the  bott  and  went  to  t>*d  there.  I  ha<l  iiot 
bei'ii  aaleep  when  the  watch  firat  called  ut  I  had 
hail  in  my  pocket  an  unloaded  pocket  pittol,  with 
a  ihrea  inch  htrrel.  I  k'low  oi  no  mliar  arms  on 
board,  I  heard  no  firing  before  i  left  the  citbin — 
none  coulit  have  taken  place  frnm  the  Cirulin«> 
wnhoiit  my  liearing  it,  'I'he  only  eipretaiun  I 
heurd  from  the  attaiiania  hofore  I  made  niv  etcaptt, 
wat  Iriiin  a  inun  on  ilie  railing  of  Uie  buat,  wba 
■aid  "(i,>d  dnnin  yo..!  ' 

Henry  KiMnuit  twurn— I  was  at  Schloiser on 
the  night  the  Caroline  waa  atucktul - ahed  and 
atl«  c,i,  and  waa  aruuted  hy  an  alaini  that  llie  l^ar- 
olinv  WHS  attacked.  I  got  out  into  the  main  road 
aoon,  and  heaid  firing  of  guna  or  p  ttuls.  I  whs  not 
near  enougd  to  hear  the  claahing  of  arms.  I  re< 
initnedoui  till  the  attacking  paity  left  tha  Caro- 
line  in  the  ttrenm,  whrre  ahe  waa  burning. 

After  teittng  the  Caroline  un  fi'e,  the  attackiog 
party  got  into  ttieir  boat*,  and  rowed  up  toward 
the  warehouse,  whi<;h,  together  with  the  public 
houte,  we  expected  they  would  attack  ;  but  they 
did  nut.  They  then  went  back  to  the  Caroline, 
look  her  in  tow,  and  carried  tier  into  the  atream. 
I  latv  Dnrfee  lying  dead  on  the  wharf,  probably 
twelve  feet  from  the  edge  of  it.  There  wna  but 
one  gun  in  the  house,  which  waa  fired  in  Ihe  di- 
rection the  Caroline  tben  was.  Tne  ball  could 
not  have  passed  witbin  10  rods  of  where  Uurfee 
was  fiiund  lying. 

John  Hatter  awom— I  reaidein  Niagara  county, 
ahd  on  the  night  of  the  deatriiciion  of  the  Care 
line  was  at  Field's  house  in  8chloaser.  1  began 
that  was  fired  near  the  house  of  Capt.  Keeler  was 
loided  with  powder  only.  1  saw  it  loaded.  Mrs, 
Field  procuied  the  powder.  U  waa  fired  merely 
to  scare  the  people  whi  were  taking  oif  the  Caro- 
line.  I  know  there  was  no  other  gun  fired,  and 
that  there  was  nothing  but  powder  and  w^d  in 
that.  That  was  the  only  gun  about  the  boose. 
TuKSDAY,  half  pan  12  o'clock. 
IT  John  A.  Smith  called,  and  sworn— Resided  in 
Bufldio  in  1837— waa  on  board  the  Caroline  when 
she  was  attacked — was  in  the  ladies'  cabin — had 
not  been  asleep — first  witness  heard  of  the  attack 
waa  an  alarm  that  boats  were  oomioc— thought  it 
a  false  alarm  to  get  them  out  of  bed— w«nt  oat^ 
and  went  forward  and  aaw  the  b»at  coming — look- 
ed forward— heard  a  "  rumpus"  there — went  15 
feet  forward— then  went  opposite  tn  the  after- 
gan|way  on  the  starboard  aide,  audsawtlM  mmn 
ci>ming  aboard — a  gun  waa  fired,  and  some  on* 
fell  at  witness's  feet— witness  sitppoeed  that  the 
person  who  fell  Ciiue  aft— was  somewhat  frighw 


•tied— '  went 

•lidn't  go  vi-i 
armtd  on  b 

To  Ihe  Oil 
d.xk  when  I 

To  s^ne 
Klat  k  ro<  k 
wmier-ilid 
wat  one  of 
whether  ibt 

To  Mr  H 

H)>enoei- 
^Iption 

j«niea  II 
poae<l-~thai 
Ihe  m>4te 
when  she  ' 
—retired  i 
waa  woke  I 
and  stared 
wre  arnie«l 
awordti  thi 
"hangsd"  \ 
great  many 
chance  lo 
(Nie  stiucki 
nasa  of  the 
their  sword 
a  shield;  ll 
arm»;  no  si 
"roll  over, : 
give  us  I 
out  the  bed 
Ump  in  it 
previous  to 
then  said. 
"Kill  him!' 
er,"  said  a 
priso,iera,  1 
this  lime  s 
weak;  win 
wards  the  | 
w  tnuts  pai 
ordered  ib*< 
a  pretty  st< 
feet  8  inclH 
nfllcer'a  a| 
witness  th( 
rsceived  b 

The  Col 


The  Inte 
rably  to  in< 
It  tnur;h  m 
ing.  Fri.n 
wiiich  htv 
Tr.c  rt.Bt  VI 
Was 

V  (iilman 
that  he  real 
"  Caroline 
io  the  cah 
watch  on  i 
berth  in  th 
cabin,  wiiii 
d  -or  ai.d  « 
u,i,  puiun 
cumpa'iioii 
paniun-  «va 
tuno;  lite  I 
tue  staira ; 
going  tiU', 
a  scuiHe  ei 
aadaome 


i«.  mhan  I 
,  «*h<t  i>|tpi>- 
A  b^wl  iuil 
ml  •(iii»<i 

•  Nm»<,  aioj 

•  lofitrMrAril 

Mho,  »iih 
fnim  (hwi« 

•mi  lyiitff. 
h#n  return- 
•II*  I  li»«rl 

ih«  h«Mril- 
oinalngaih- 
i>»t.  I  Ui«)ii 
\h  ih«  tliir*- 
uriha  uf  «a 
•lad  on  lh« 
down  lo  itup 
(•I  1  r«ium- 

I  IiimI  iioi 
xi  lit  I  tuil 
piit4>l.  witia 
i*r  *tma  on 
ih«i  cnhtn — 
do  <Nri)lirM> 
•ipritMiuii  I 

riiv  ••cii|i«, 
buat,    Mrlw 

i-hli>ia«r  ON 
-«l>««l  «iiil 
hti  III*  Car- 
mKin  rotttl 
I  WH*  not 
nriiiM.  1  r** 
(  ihn  Cari>> 

iiig. 

le  ituackinf 
i  up  lowiiril 

III*  public- 
; ;  buc  thuy 
•  Cftrolin*, 
the  atretiD. 
'f,  prubftbly 
*re  wna  but 
)d  in  the  di  ■ 
I  ball  cuuid 
k«re  Durfd« 

ara  county, 
f  tba  Cart' 
1'he  gjri 
Keeler  waa 
ided.  Mrc 
rnd  meielf 
r  the  Car^ 

Tired,  and 
and  fv^d  in 
e  lionae. 
I  o'clock. 
Keaided  in 
olin*  when 
cabin— bad 
'  the  attack 
-thought  it 
-went  oQtf 
sing— look- 
— went  15 

the  artef 
wthe  HMD 

aone  on* 
)d  that  the 
bat  fright 


•ned— fvantont  hf  the  larbo«rd  fanfwaf  then  — 
•iidn't  go  vrry  alow  !— had  lo  aiH*— awae  were 
•rmtd  1)11  b  wrd  the  «taanib<i«t 

To  thtti'iNin—Haw  no  iiiau  or  boata  near  the 
d'H-k  whnii  I  waiii  nfT 

To  S^nr«r— Waiti  on  board  the  ateamboat  at 
Klai'k  ro4  k  lUm— hadn't  b««n  d«*wii  btrfora  thai 
winlar— ilidit'i  hnow  wliatli«r  ihe  mitii  who 'all 
waaonaof  iha  atimlanu  nr  not-  waaii'l  certain 
wh«lhar  ihrrw  waa  a  hghl  at  >h«  tanf  way. 

To  Mr  llawtay  — I  waa  a  lUnd  hutd  |iaa*«ngar. 

H))«>ncei— laup|juae  ihay  w«i*  all  oi  that  «laa- 
^rlpiion 

J^nixa  If  King  waa  nai(  awom,  and  de- 
|MMe<l--thBi  he  rv»i<bil  In  lliiir«lo  in  |H37— waa 
iha  nt'tte  xf  the  "  ('irolin* "— wna  on  hrnMl 
when  aho  waa  at'A'k  d— rrc  illacia  the  aMnck 
— raiirril  to  the  rabm  aboiii  aight  oMntk- 
waa  woke  by  iha  firing  of  a  |iin-|iul  on  hia  cttat 
ami  atared  oni,  was  mat  by  the  ('4iin<li«ni,  who 
wrn  arnirdi  drove  witoeta  back;  •truck  him  with 
awcrdi,  tNa  cabin  waa  about  an  feet  hi(h,  ihay 
"hangaii"  witnaaa  iwnaUierablfl,  and  aikcd  him  a 
great  many  queationa,  which  ihay  gt«e  him  no 
ehance  lo  aiiawer;  they  cut  hia  arm;  more  than 
mie  atiuck  at  wiineaa;  there  were  ft  or  (l;  the  low- 
D'aa  of  the  ceiling  pravanled  Ihrin  Irom  uaiiig 
tU«ir  awiirda  murh,  aim  witneaa  ua«d  a  bltnkat  aa 
a  ahield;  ihora  svaa  great  nuite  and  cliiahing  of 
arm*;  no  ah'ioting;  thay  aaid,  whan  thry  came  in, 

••roll  over,  you  d d  yankar  aon  of  a  b r<,nnd 

give  ua  thaae  mntiraaaaa  I"  and  thay  threw 
out  thfl  beddinn;  they  look  a  large  backat,  put  a 
Ump  in  itaiidaume  aticka,  aiid  aet  all  on  fire; 
previoiia  to  wttnaaa' goifig  out  of  the  cabin  una  of 
tiiem  aaid.  "what  will  we  do  with  thia  fellow  F" 
"Kill  hiiu!"  anid  aiioiher.  "No!  take  him  priaon- 
er,"  aaid  a  tliird.  An  tifRcer  aaid  *'we  dun  t  want 
priao.iera,  let  him  go  aahore."  Wiineaa  waa  at 
ttila  lini*  atanding  up  n*ar  a  door,  and  felt  very 
weak;  witnaaa,  on  iheolficer'a  apeaking,  went  to- 
warda  the  gangway,  but  the  »entry  wouldn't  let 
w  tnuaa  pas*;  witne*"  then  lold  the  nfliner,  who 
ordered  ihH  aenlrv  to  paaa  witnea*;  ihe  officer  waa 
a  preity  aiout-built  man,  about  wilnraa'  height,  (i 
feet  8  incliea);  couldn't  recollect  p'lrticularly  the 
(jfficer'a  appearance,  aa  witneaa  lelt  very  weak; 
wiineaa  then  aiaigared  aahore;  none  of  the  wound* 
raeaived  by  witneaa  were  aerioua— mare  cute. 

The  Court  here  adjourned  far  an  hour. 

rUKHDAY,  2  o'clock,  P.  M. 

Trial  Uibuhkik 
The  intareat  In  thi>  p  ucecdinga  aeema  conaide* 
rahly  to  increuap,  and  iho  court-rot  m  ttiia  ufu  rnoon 
II  much  m  ra  crowded  than  yiatardty  or  tliia  in  rii* 
ing.  FrLm  the  admintbloarrniigoinani",  however, 
wiiich  h>tve  been  ni  d  ,  the  u  in 'Htoide'prevnt'ti. 
Tnt!  ti. at  witneaa  vailed  kt  ttua  atigeuf  tlie  triul 
Wiia 

\  Uilman  Appleby — whs  being  aworn,  drp  aid 
that  hereaideain  BufTtUuciUnty — wnaonb>Bidt  le 
*'  Caroline  "  on  the  niglit  i  f  ihe  attack— woa  aaleep 
io  the  cabin — w.a  >w<>ke  by  the  alarm  uf  the 
watch  on dik  Mbouc  12o'ciiHk — Wda  th  nin  hia 
berth  in  the  geiitlemtn'a  cabin,  below  the  lidira' 
cabin,  Which  waa  on  del k.  tsomt  one  opened  the 
il<nrai.d  apoke  to  witneaa,  who  immediately  got 
u,i,  put  on  hia  boou  and  pantainona,  went  to  the 
curapa'iii>n-way  [dcarribcu  the  aitua  ion  of  the  com- 
panion- wvayj ;  unly  one  poraun  cuuld  pata  th»  ra  at  a 
tuno;  inettiira  are  winding;  attempt* d  toaacend 
tueaiaira;  Captain  Haidi>if  end  othera  were  there 
going  uo',  aiid  prevented  the  egreaa  uf  witneta 
•  acuffleeuautd  on  deck  between  Capt.  JJardicg 
tadaome  on*— remtiaed  aome  miDUtea;  iheu— 


bMrd  aometliirg  like  ••  aknw  Ike  d^  Vanke*  f- 
b«la  IO  i)uar'»r.  '  and  eiiea  lif  ■*  hr*  !  Mr*  !"— 
there  ha<l  pravtou  ly  ii#«na<ini»  nrit.g,  aa  aoon  aa 
Hie  U'liae  ceaaed  wiineaa  r*iiirii««i  (4»  <ip«n  tha 
d<H>r  a  vary  li  lie-  h  ui  a  fcxii— a  man  aprang  at 
the  it<M»r  ami  mad*  a  rush  wnh  n  •huri  •wo^l-the 
BAurd  atrucit  witnetk'a  breaai  -it  gUnctdaloif 
Iwit  of  Ihe  ve<l  builiiiia  and  •iiu<  k  *g«inai  a  ineta^  • 
Ik  bulinn  on  ih"  paiiinl<H>iia  of  MiMieM  —  Aitriraa 
then  |«||  hack  nnd  ha>l  the  tifhu  put  out  -  wnneaa 
waaftarful  ihai  ih*  atiarking  (mry  wou  d  d*a> 
reml  aiHi  thought  thay  couhin  i  gft  on  ■•*  with  in 
th*  dark— wiiiieaa  then  re<-oll*cted  that  b*  noiild 
gal  Up  thri'iigh  llie  engine  In  the  tipper  deck — 
went  nit'i  a  laile  paniry  and  •  rapt  t'< rough  thama> 
ihinery  to  tnx  uppar  d»ck -tliara  wacnoooe  on 
IhfdxK  ihen— tirlow  there  waa  r<>iiaid*r«bln 
iioiae— thai  la  on  the  ma  n  <teflk— hmid  iiiiibi<>g 
aiiil,  but  ihi«ie  wni  noisf*;  at  the  corner  i  f  the 
wnrehoiu*  th*re  were  two  htiinla  <  If  nml  wiineia 
ciepiin  there  and  lelt  "  pretty  cuinf.rtiible;"  Im> 
then  hcaid  a  man  sny  "d — ii  it,  what  hicanie  of 
the  ail  iMiuiider  that  waa  iherr;"  the  man  wna  on 
Ihe  rixck;  ai»roe  on*  amil,  "Intch  the  light  and  w* 
may  find  aoin  '  rebela  thera,"  itiaauing  Ihe  ware- 
h<iua«.  The  light  waa  brought  in,  atid  then  wit- 
neaa jumped  ininthe  water— aa  ha  ro«e  to  theanr- 
fuca  M>ni«  oio  atriK-k  htm  on  Iha  hnck,  and  h« 
then  worked  hia  way  along  till  he  goi  nihore,  an<l 
made  for  lh««  tavurn— thought  the  lihiw  wna  given 
with  a  lioariting  pike— taw  the  man  thai  K>tve  ihe 
blow  wnh  a  aworil  in  Ihe  otbin— thera  ww«  a  lamp 
at  the  h(iii<l  of  the  coinpaiiK  n  ataira — the  lamp  waa 
a  couple  of  feet  from  ih*  door,  and  to  high  that  a 
man  (ould  jnal  clear  ii  going  out  — then  auppoae<l 
the  man  to  b<i  Mr.  McL4h><I,  the  man  tlicra  (point* 
tng  to  the  priaoi  or,)  had  at-on  hiin  oii<  e  hafore, 
when  he  hail  an  int  odiiciion  to  hiin  itt  the  Kagle 
'Invorn,  BufFalu — waa  not  wall  atqiiauitcd  with 
Mclieod. 

Waa  your  attention  called  to  that  aubject  ne it 
day? 

Yea. 

Who  did  yttu  then  aay  it  waa  7 

Mr.  Mc(.<«od— bui  i  mii^hi  be  miatakan. 

Did  vuu  know  Durlee  ? 

Yee. 

Did  you  ■*•  him  aa  you  went  to  the  tnvera  T 

Vea. 

Where? 

On  the  railroad  trai  k,  lying  dead. 

(Witneaa  then  deacribed  the  p«)aition  and  ap- 
pearance of  Durfee  )  There  waa  conaiderable 
blood- the  ball  had  entered  on  the  back  of  th* 
head— Tlitsre  were  thirty-three  men,  ten  of  whom 
cumpoacd  the  crow  who  were  on  board  the  Caro- 
line—none  of  thoin  were  armed— the  flrat  ahot  waa 
from  the  river  aide  near  the  bow  of  th*  boat- 
heard  like  two  guni,  but  would  nut  aay  poailive— 
the  next  report  waa  that  ol  a  gun  fired  on  board 
the  boat,  followed  by  aeveial  reporta — there  waa 
a  little  boy  called  "little  Billy"  on  bi>ard— have 
not  heard  of  him  nor  aeen  him  aince. 

Samuel  Drown  waa  then  aworn,  and  depoaed — 
that  he  roaicea.in  Canandagua — rei  ollceu  the  dea- 
tructiun  of  th*'**  Caroline  "—waa  then  at  Chippe- 
wa, tending  bar  for  Mr.  Smith— had  previuudy 
known  th*  priaoner  — 3Ic Leod  then  livid  at  Niag- 
ara — aaw  him  once  a  wet^k  or  ao — hia  buaincea 
waa  Deputy  Sheriff  of  that  Diatriet— it  la  about  20 
milea  from  Chippewa  to  rMi>K  ira— Htw  McLeod  in 
Ciiippe  wa  the  day  of  the  UiMruciioa  of  the  "  Ca- 
rolnie" — atw  him  only  oium~u  waa  when  the 

raila  were  bu-ning  oa  m  u>- i -It^bt  up  Chippewa 

Crct'k— near  whvre  It  vHk.bi  (v.o  ai  \<  lu  <ht!?liu- 


\{ 


10 


frnrt.  to  th«  nr«rk—  hore  m'ght  h«vn  been  «  thou- 
''•  id  mil*  biiriitng  that  iiigtit  there — taw  two  ur 
t  tree  u(  the  h  all  return  frum  the  "  (yiiiuline  " — 
the  boata  went  townrda  the  cut — ttiere  ii  a  path 
along  the  cut  between  the  canal  and  the  road)— 
the  boa'i  laidfd  juit  baluw  the  mile  liindingon 
Chippewa  nreek— three  boala  landed — waa  near 
by  when  the  men  in  tbem  gitaahor* — AfcLeod 
UNI.*  one  of  thtte  men. 

WitneM  waa  wiiUin  ten  fnetof  thn  men.  They 
were  talking  ab  mt  the  burning  of  the  Caroline, 
They  went  towarda  Davia'  Tavern — eaw  McLeuti 
there— a  man  he  (witneaa)  called  MttLeud— did 
not  think  hn  waa  miNtaken  it  bout  him — waa  then 
about  ten  (eot  off  McLeod— MvLeod  atood  about 
ten  feet  frum  the  platform. 

Did  you  hear  him  apeak  7 

1'here  waa  a  good  oeal  of  talk. 

How  sure  were  you  that  it  waa  AfcLeod  ? 

As  nure,  air,  ai  I  sec  him  sitttng  then  ncwb^ore 
me     {K  ruatling  aound  in  ('ourLJ 

When  did  you  neitaec  him  7 

About  day  light  or  aunria*.  S  )me  men  came 
Into  iSntith's  I'lvern  where  witneaa  waa,  and  aaid 
*'  MicLood  waa  on  the  atepaand  waa  wuundod  laat 
night."  Wimcaa  aaid  he  waan't,  and  went  out 
and  looked  over  to  Davia',  and  aaw  McLeod  atand< 
ifig  on  the  platform  in  front  of  the  door.  Thai  waa 
about  four  or  five  yarda  from  Smith'a  'I'avern, 
where  witneis  waa.  McLeod  had  a  belt  round 
him  and  a  aword  hanging  at  hia  tide. 

laatc  P.  Co'aon  waa  then  called  and  waa 
■worn.  Deponent  aaya  he  reaidea  at  Pliagara 
Fallf ;  ia  a  maaier  builder;  once  lived  at  Chippe- 
wa; lived  there  in  '33,  and  from  that  until  '38;  re- 
collecta  the  deatruction  of  the  Caroline;  knowa 
the  priaoner;  haa  known  him  aince  1833;  aaw  him 
in  Chippewa  about  three  o'clock  of  the  afternoon 
before  the  burning  of  the  Caroline;  there  were  ae- 
veral  othera  wiih  him;  they  were  tahing  liquor  in 
a  atore;  McLeod  remained  a  very  abort  time,  and 
walked  out;  they  aaked  witneaa  to  re'ire,  aa  they 
bad  acme  private  buaineat;  saw  McLeoid  again 
about  9  o'clock  in  the  evening;  aaw  him  then 
come  out  of  the  barroom  door;  (h«re  waa  one  man 
behind  him:  aaw  him  next  after  that  in  the  morn- 
ing on  the  ato  >p  at  Mr.  Divia';did  not  aee  whether 
he  waa  armed;  there  waa  a  crowd  round  him;  he 
was  telling  of  hia  exploita  on  the  boat;  the  per- 
formance he  done  in  the  Carolin>';  he  waa  aaying, 
"they  would  not.  wiah  to  see  him  there  again,  aa 
he  had  put  one  d — d  Yankee  or  two  out  of  the 
way ;"  there  were  othera  who  boaated  of  having 
been  in  the  expedition:  noneof  themdiaputed  the 
truth  of  McLeod'aaaaertionc;  saw  McLeod  a  day 
or  two  after warda  coming  uplrom  the  point  at  the 
creek;  ho  had  a  apy  glasv;  he  then  Fpi>ke  of  the 
Yankeea  aa  -ebela  and  robbera,  and  he  wou'd 
like  to  be  on  juat  auch  another  expedition  aa  the 
Carohne,  ana  aet  out  and  burn  BufTalo. 

Tne  hour  of  adj  (urniq^nt,  aiz  o'clock,  having 
now  Hrrived,  iho  piuceedinga  of  the  day  termt- 
nited. 

Wkdnisdat  MfoRNiNO,  (Third  Day.) 

Judge  Gridloy  preaidmg. 
On  the  opening  of  the  Court  thia  morning,  Mr. 
Diatnct  Attorney  Wiod,  for  the  prosecution,  call- 
ed x»  the  aland  Cbariea  Parke,  who  being  aworo, 
leatified — 

I  am  a  native  of  Canada,  and  ■wan  raiaed  at 
Chippowa.  I  waa  tending  bar  for  Mr.  Davia,  in 
that  place  at  the  time  of  the  destruntion  of  the 
Curoiine.  I  had  then  been  with  Mr  Davia  3  or  4 
montha.  It  waa  firat  diaoovered  that  any  one  waa 
ii  Na»f  laland,  on  a  Sunday.    I  know  the  pria* 


oier  Mcli'od,  hnvn  kno«'n  him  a  greater  portion 
of  the  time  he  held  the  oflice  of  D<^puty  Sher  if  of 
Niagara  Diarriot.  During  the  <tli«rniM>n  preced- 
ing the  deatruction  of  the  (Caroline,  I  aaw  him  at 
Chippewa.  I  aaw  him  •  number  of  timea  during 
that  day,  and  toward  the  cloa*  of  the  day,  I  aaw 
him  alao  after  dark.  A  geitleman  came  in  and 
inquired  for  him  between  8  and  10  o'clock  in  th* 
evening,  and  he  waa  ahown  to  McLeod'a  cham- 
ber—he  having  retired  to  bed.  McLeod  got  up, 
dreaaed  h<maelf,  came  down  into  thn  bar  ruom,and 
told  Mr  Davia  that  if  hia,  McLeod'a,  brother  in- 
quired fur  him,  to  aay  to  him  that  he  had  g<)ne  to 
Niagara.  Ab<iut  half  or  three  quarters  of  an  hour 
after  that,  I  aaw  hiina  "gun,  between  D«via'a  and 
the  Chippewa  Cut.  Thore  were  a  number  of 
feople  about  and  near  him,  but  whether  they 
were  hia  company  or  not  1  caPDOt  aay.  After 
that,  I  aaw  him,  and  aomo  hundred  more 
by  the  aide  of  some  boata  Oi\  the  bank  of  the  river, 
bome  got  into  the  boata,  but  afterwarda  they  got 
out,  and  towed  the  b  jat  about  three  qiiartera  of  a 
Biile,  where  th^y  embarked  on  board  the  boatk, 
and  ahoved  oflf  from  the  ahore.  They  ateerod 
acroaa  the  river,  but  I  do  not  know  where  they 
went.  The  boata  were  towed  up  empty  on  e c- 
count  of  the  current.  Thia  occupied  about  an 
hour,  and  then  1  returned  home  and  went  to  bed, 
leaving  up  Mr.  Juhoion,  who  waa  alao  a  b%r- tend- 
er in  the  bouae.  1  have  not  aeen  l*,:.  Johnaon 
lately,  but  underatand  he  ia  at  Detroit 

The  next  I  aaw  of  McLeod  waa  about  ranriae 
the  next  mominar,  when  I  aaw  him  on  the  aquare 
in  front  of  Mr  Davia'  h')uae.  There  were  a  num- 
ber of  people  not  far  from  him,  but  none  very 
near  him,  nor  do  I  know  that  any  one  waa  in  hia 
company.  If  I  recollect  riiht,  on  the  previoua 
evening  he  wore  a  aword  by  hia  aide.  I  did  not 
hear  him  aay  any  thing.  I  aaw  him  again  not 
long  afterwarda,  in  the  forenoon,  while  I  waa 
atanding  on  Mr.  Davia'  atoop.  Afterwarda  I  waa 
in  the  habit  of  aeeing  him  frequently— almoat 
every  day  A  number  of  oflicera  boarded  there. 
I  have  heard  him  aay  aom«>'hing  about  the  de- 
atruction of  the  Caro'ine.  A  few  daya  after,  a 
number  of  them  were  converaing  about 't— Capt. 
Stennett  waa  one,  Maj  Cochran,  of  Dragoona, 
another,  and  four  or  five  more;  and  McLeod  aaid, 
in  purport,  that  he  had  killed  a  Yankee.  Their 
converaation  waa  in  reference  to  the  Caroline.  I 
can  apeak  quite  poaitive  about  McLeod'a  getting 
into  the  boat. 

Henry  Myers,  who  being  sworn,  deposed  tha 
he  lives  near  Canandaigua — works  on  a  farm — 
once  resided  in  Canada — is  a  citizen  of  the  United 
States  by  birth— loft  for  Canada  aeven  yeara  ago; 
haa  not  been  there  since — has  seen  the  prisoner 
before  this  trial — returned  from  Canada  shortly 
after  the  Caroline  was  burnt— aaw  the  priioner 
twee  in  Canada — once  at  St.  David'a — and 
when  I  moved  out  of  Canada,  at  Niagara- 
saw  him  on  the  latter  occaaion  in  a  tav- 
ern on  the  north  side  of  the  road,  lo 
bait  hia  horaea— went  into  the  bar  room- 
saw  there  a  number  of  soldiers— some  had  weap- 
ons— some  had  not.  There  waa  aome  talk  about 
the  mnn  that  ahot  Durfee — one  said  "  Where's  the 
roan? '  McLeod  said, "  Here  he  is — Fm  the  man  .'" 
He  then  pulled  out  a  horaeman'apiatol  and  said  it 
waa  the  pistol  that  shot  him.    TtM  he  pulled  out 

his  sword,  and  said  "there's  the  blood  of  a  d d 

Yankee !"— holding  on  the  sword.  Here  was 
blood  on  the  sword— on  the  end  for  cbont,  fonr 
inches — it  waa  day — wine-a  went  out  to  (ted  the 
horaea— two  <»  three  followed  him  out— ijiey  uk- 


11 


nd  him  whflM  h«  wai  (joing— wifnet*  wrWcil  h« 
w«a  go'ng  tniisiieva,  ni  hw  wife  didn't  lik«  '  ana- 
iia— miniM  uf  ttiam  aaui  witnex*   W'tM  a  d — d  Vtii 
keo,  and  MnLsod  aaid  «vitii«aa 
and  ktinuld'nl  go  any  farihAr. 
der  th«)  Ntted  m>mtt  lima,  and  at 
if  witness  was  a  mind  to  tr<i«t 
migbi  R«>  humo — witness  aaid 


was  ad— d  »vb«.' 
Witn<>iiN  s'Hid  \iv> 
last  M<;l<*oi  se  d 
tb«  ctmptny  I  9 
he  wouldn't  min  I 


d)Hng  that>-th«n  went  in*o  the  bar  room,  an«\ 
trwatrd  to  the  am  'Unt  of  a  dollar — then  whs  nllow- 
ed  U) go  and  proteeded  on  his  journny.  Hks  not 
smoa  heard  McLeod  say  any  ttiing  uf  ihi*  matter. 
C<alvin  Wilison  was  nrit  sworn  and  t>inmin«d. 
— He  deposed  that  he  resides  in  tne  «M)unty  ol  Ni- 
agara; knows  the  prisoner;  owned  and  kept  ilie 
terry  across  Niagara,  called  Voungstown  ferry, 
a  nides  below  Kingston  terry;  saw  r.h«  prisr)n«*r 
between  the  5ih  and  15th  of  Jan.  183');  nmw  him 
in  a  public  house  kept  by  one  James  Miller  in  the 
town  of  Ningara;  there  wasanunioerof  people 
wi  h  him;  ho  knew  a  young  man  of  the  nnmH  of 
Keyncock;  also  saw  Mr  Miller;  thought  ihar  he 
kaw  Jiihn  Mozier  there;  also  a  young  nvin  nnmod 
Meredith,  and  a  young  man  t>ainfd  Eiinmay 
whom  he  hud  seen  bnfore;  they  were  in  a 
sitting  room  in  a  public  house — he«rd  them  (xtn- 
vemiiig— the  subject  was  brought  up  by  Keyn- 
cock ill  reference  to  the  Caroline  atfair  which  had 
taken  place  a  few  days  before;  be  wmhed  to  know 
how  many  h'd  been  killed;  then  McLend  n^iA  ed 
that  he  thought  there  wasn't  more  than  three  or 
four;  and  he  didn't  know  but  five  might  have  been 
and  one  thing  he  did  know,  he  said ,  there  was 
one  d — d  Yankee  rebel,  Nhot  on  the  wharf;  he 
said  snmett^ing  else  which  witness  did  not  under- 
stand; Mozier  didn't  say  anything;  Elmsly  did  not 
say  a  lytLuig  that  witness  recuileried— h-id  >tated 
correctly  whiit  the  witneas  said;  the  very  wo'd^^, 
or  very  nearly;  recognised  the  prisoner  at  the  bar 
as  tha  person  who  used  said  words. 

AFTERNOON  HI8SION. 

The  first  witness  called  to  the  siand  wna 
Elijah  D.  Effoer,  who  being  sworn,  deposed — I 
rPMidu  in  Buti'alo;  recollect  the  Caroline  sieom- 
bo't;  was  on  board  of  her  at  i^chiosser.  The  nn- 
cumiiiodations  i>eing  poor  at  Sch'o'scr,  1  applied 
on  hoard  fir  lodgings.  This  w<-s  between  2  and  4 
of  the  afterooon  preceding  her  destruction.  I 
went  through  her  and  found  no  arras,  and  asked 
the  per^ple  on  board  how  they  expected  to  defend 
themselves  if  attacked.  They  said  they  were  a 
ferry  boiiir,aad  not  aUowed  to  carry  arms.  I  was 
a  marshal  deputed  specially  to  preserve  the  peace, 
at  I  hat  time.  I  saw  some  perauns  <  ome  aboard  with 
arms  in  their  hands.  They  were  strangers,  not 
AmeiicdnH  ;  they  told  me  they  were  from  Ljvver 
C-tiiiada.  Tney  wore  CauadiHii  caps.  It  mny  have 
b<*en  my  duty  as  a  marstiul  to  see  who  they  were, 
that  induced  me  to  inquire  of  them. 

Seth  Kinman  sworn  fL>r  the  prosecution.  I  re- 
side at  Youngstown,  Niagara  count>;  I  was  in 
Chippewa  in  December  1837,  wo  king  at  the  join- 
er bus  ness;  I  was  there  »c  the  time  the  Caroline 
was  destroyed,  and  know  McLead,  the  prisoner; 
'  I  h>id  seen  him  at  Y'uiingstb wn  and  Chipi>9wa  hot,h 
before  and  after  that  event.  Between  7  and  9  o'- 
clock of  the  evening  prec>?ding  the  burning  of  the 
Caroline  I  saw  him  in  Ddvis's  bar  room  at  Ch  p- 
pews;  there  weie  a.  number  in  the  rixim;  he  passed 
through  the  room  and  went  out;  I  don't  know  that 
any  one  was  with  him;  others  passed  in  and  i>u  ;  I 
cannot  aay  ihut  he  was  armed,  nor  that  ho  was 
nut;  I  did  not  see  him  eg  <in  till  aboutor  a  little  be- 
fere  sunrise  the  sexc  mornirg,  near  Davis's  tav- 
•id;  ihete  were  not  then  others  about  him;  I  did 


not  heur  hii)  say  <»iy  thing,  nor  JiJ  I  observe  wh«. 
ther  bo  w>is  ^rmed. 

i'h>irl««  Yate«*worn — T  rekide  in  th"  west  pnr 
('f  the  town  ot  t^lnrsson,  MiiiMt  cunnty.  Atthe 
time  of  ilie  b<irii'ng  o'  the  ('urulire  I  lived  in  Ch- 
nad^,  ah  mt  liK)  miles  below  Toronto,  to  the 
notiheast.  I  dunt  k'low  that  ever  I  saw  McLeod 
u>  Know  him  (111  1  ntwiiim  at  Niagira  j  lil,  at 
Luckport  I  believe  it  was  Uvt  April.  I  have 
been  at  Qieeiist^n  sevoral  timet;  the  first  time  I 
was  there  wks  du  ing  the  winter  of  1H3'.).  1  was 
in  nt  a  puMic  house  there,  and  there  were  several 
ottiers  there,  some  went  up  to  the  bur  and  drank; 
one  said  "  thi»  i«  ^oiiieihinglike  the  night  alter  the 
burning  of  the  (Caroline  "  Another  replied,  ''Yes, 
we  gave  them  Alec;  I  should  like  another  job  just 
like  It."  I  cannot  sny  ihiit  MrLeod  was  one  of 
tho  e  persons,  but  somebody  whom  1  did  not  know 
tol't  me  he  >viia  McLnod. 

William  W.  (yiswell  sworn:  I  reside  at  Biifla- 
I",  lived  at  Chippewa  in  1H37,  remember  'he  burn- 
ing of  the  Caroline,  nod  had  known  McLr*od  two 
years  before  that  event.  About  i)  o'cio  k  on  the 
evening  before  the  Caroline  was  burned,  I  saw 
Mi-Leod  at  ChippcA-a,  heiwcen  Divis's  tavern 
and  iHflcKliii's  snire  He  wmt  going  twward  the 
store,  I  did  nor  see  him  again  ihit  night,  nor  did  I 
seeihe  eipedition  scainst  the  Caroline  start.  I 
saw  McLofwl  nSout  7 o'clock  next  morning,  near 
■iinriie,  on  Dtvis's  stoop.  He  cnme  from  the  di- 
rection of  Divis's  barn,  which  sdjoina  the  house, 
t  heard  him  talking  with  a  numher  of  others.  1 
hourd  him  »ay  ttie  taking  of  the  Cnroline  was 
handsomely  done,  that "  we  made  the  dnmned  re- 
beU  run  when  we  came,"  and  he  and  others,  who 
appeired  to  have  been  in  the  expedition,  went  on 
and  told  whnt  part  they  had  taken  in  i.  a  expedi- 
tion. McLeo i  bed  n  large  pisiol  in  his  hand — I 
didn't  not  h<  arhim  sny  nnyihing  about  the  pistol. 
He  held  it  by  the  muzzle.  It  is  three  miles  from 
Chippewa  to  Schloaser— the  pasiage  can  be  made 
in  a  row  boat  in  20  n-.inutcs— I  have  made  it  in 
that  lime.  McL'-od,  or  some  one  of  the  company, 
said  they  hnd  left  one  man  lying  dead  on  the 
dock,  and  thai  Ae  would  never  come  back  to  annoy 
them  any  more. 

Anson  D.  Quimby  sworn.  I  reside  at  the  town 
of  C(  lumens,  Wanen  county.  Pennsylvania.  In 
Dec.  1837, 1  resided  sorno  two  miles  from  Chippe- 
wa village.  I  recollect  the  destrucii«m  of  the  Ca- 
roline. At  that  time  I  knew  Alexander  McLeod, 
but  not  intimately.  On  the  evening  before  the 
burning  of  the  Caroline,  I  saw  him  at  Dtvis'  Ta- 
vern, Chippewa,  about  8  o'clock.  He  was  com- 
ing out  of  the  bar  room  as  I  was  going  in.  I  did 
not  see  whe'e  he  went  to.  The  next  morning,  not 
far  from  sun  rise,  I  saw  him  "gam,  not  fur  from 
the  end  of  the  bridge  that  uiossps  Chippewa 
creek. 

Some  of  the  Cobuig  troop  were  with  hira,  hut  I 
did  not  know  "them  personally.  Some  one  came 
across  the  bfid|e,  and  asked,  "How  did  you 
make  it  go  last  night?"  McLeod  said  they  "made 
ir.  go  very  well."  tte  added  that  Ae,  or  me  I  sm 
noicerttin  which  "killed  some  of  the  damned 
Yaiikees,"  and  added  that  he  had  Yankee  blood  on 
his  sleeves.  He  held  up  his  armv,  but  I  did  not  see 
atiy  blood.  I  heard  no  more,  but  passed  oo.  I  do 
nor  know  that  I  saw  him  on  any  other  occasion. 

Justus  F.  T.  Stephens  sworn— I  Miide  in  the 
town  of  Gaines,  Orleans  county.  I  was  in  Cans- 
da  on  the  night  of  the  destruction  ol  the  Caroline  ; 
1  know  M!:l..eod  and  saw  hm  at  Chipfew*  on  the 
evening  designated;  I  have  known  ihe  prisoner 
since  the  fdiuf  1835j  h^ve  ney  r  conversed  with 


i 


tl 


ts 


htm  tine*  the  nl|iit  ■(•t«<!;  I  think  it  wm  betwMn 
10  unit  11  u'vltckof  iliat  nigh  I  mw  bun;  Whfii  I 
firit  Mw  hitn  he  wai  very  near  Nmgitrk  Kiver, 
near  a  canal,  or  race,  tome  lb  ruda  frxtn  the  h>-ad 
uf  the  race;  he  was  there  with  a  n amher  of  uiherit; 
they  were  about  getting  inut  aurne  boau;  tliey  en- 
tered the  boau  and  vt  ent  off*. 

Mr.  Hall— D.d  you  Nee  the  priioner  get  into  a 
boat,  lam  puaitive  I  did.  How  near  w«re)nu 
to  him?  1  waa  wiihin  5  or  5  feet.  Were  the  men 
annod?  Part  «*«re  armed  I  know— it  may  he  that 
a.l  were  not.  Wua  the  prikouer  armed?  He  More 
a  sword.  Well,  whnt  then.  After  feitiijg  in'o 
the  boat  th*y  put  off  from  the  apot  1  firaiaaw 
them,  went  ouiol  the  head  of  the  cu',  and  put  out 
and  up  the  nver.  How  many  boau  did  youaee? 
I  mw  but  three. 

llie  Court :  Did  the  priaoner  go  off  with  tli« 
boata  ?   He  went  ufl* in  thn  boat  he  entered. 

Air.  Hall  :  Wtien  and  where  old  yuu  aee  the  p  i- 
aoner  next?  About  5  hourn  after,  and  abuui  3 
o'cloi'k  in  the  niurnirg,  lh#  boata  came  back,  and 
landed  a  little  ahove  the  cut,  where  there  were  a 
number  uf  rail*  burning.  McLEon  and  aome  oth 
era  got  out  of  the  boata  there,  aii<l  went  acrosa  to 
a  tavern  kept  hy  a  man  namrd  Ddvia,  1  believe. 

To  the  Court:  They  diaembaiked  4  or  5  roHa 
above  tne  head  uf  the  cut.  I  am  not  pohiiive  that 
all  disembarked  iliere — I  aaw  threu  bubta  return — 
the  aame  number  that  returned 

Mr.  Hall  :  The  witaek*  la  with  you,  Mr.  Spea- 
cer. 

Mr.  Spencer :  I  have  nothing  to  ask  him— notb> 
ing— no. 

Ur.  Hall  then  called  to  the  atand  Seth  C.  Haw- 
ley,  for  the  purpuire  of  |iroving  that  Mr.  Johnaon, 
apuken  of  hy  aeverni  witneniea,  waa  at  the  time  of 
the  deatruction  of  the  Caroline,  a  barkeeper  at  Da- 
via'a  tavern,  at  Chippevta,  at  preafiu  reaiotng  at 
Michigan  ;  that  every  proper  eflort  had  been  made 
by  him  (Mr.  Hall)  to  procure  his  aitandanco  at 
thia  trial,  aa  hia  teaiimorty  would  obviously  be  im- 
poitint;  but  that,  beirtg  out  of  tne  juiiadictiun  uf 
this  court ;  hia  attendance  could  not  be  com- 
pelted.  Mr.  Hall  did  not  wish  thia  expla- 
nation formally  made  for  his  own  sake  ; 
but,  anexplained  the  opposing  counael  might 
might  make  uce  of  the  abaence  of  thia  important 
wiineaa,  in  hia  argument  to  the  jury,  to  the  preju- 
dice i)f  the  prosecution. 

Mr.  Spencer  aaid  he  should  not  sj  use  it,  as  he 
readily  acknowledged  the  Attorney  Genend  had 
used  every  rersonable  exertion  to  get  together 
witness  s  for  the  prosecution;  and  the  Court  deem- 
ing the  explanation  unessemia),  it  was  not  gone 
into. 

The  Court  here  'ook  a  recess  for  one  hour,  then 
to  resume  the  exsminittion  of  witnf  ssea  lor  the 
prosecution,  and  probably  finish  them  before  ad- 
journing for  tue  night. 

WiDNKSDAT   EVKNING. 

At  seven  o'clock  the  piocetdings  were  r«- 
■umed. 

Mr.  Wooda  stated  that  there  were  urgent  rea- 
sons which  impelled  him  to  ■olicit  leave  of  ab- 
sence during  i  he  remainder  of  the  trial,  and  Mr. 
Hall,  after  complimenting  Mr  Woods  on  account 
of  his  able  asiaittance,  expressed  his  readiness  to 
juin  in  that  gentleman's  rcqueat 

The  Court  acceeded  to  Ute  application  of  Mr. 
Woods.  ^ 

Leonard  Anson  waa  then  called  to  the  stand, 
and  having  been  sworn  deposed  as  followa — Re- 
sides at  Niagara  Falls;  waa  in  Chippewa  in  D.  c. 
1837;  remembers  the  2'Jib  of  that  montb;  re  mem- 


here  the  hurnirg  of  the  CaroHne;  I  waa  at  Bmith'a 
houte  (luring  the  attack:  remained  in  the  houae 
llU  morning;  saw  McLeod  there  in  the  morning — 
knew  hiro  perannally;  he  waa  well  known  titer* 
as  deputy -sneiitT;  there  were  a  iiumher  uf  people 
in  tti*  bar  room  who  were  talking  of  theeipaOi- 
tian,  and  who  bad  di*n*  the  greatest  deed:  the 
persona  spoke  aa  if  they  had  been  in  the  cipedt- 
tion;  heard  McLeod  sav,  '*we  killed  one  d— d 
Yankee,  arid  hero's  the  blood."  Heard  nothing 
elae  particular  sai(«;  there  wm  a  kind  of  diepuie 
amoi  gal  them  who  bad  don*  the  greatest  deed, 
but  none  ot  them  diaaented  from  what  McLeo4 
said;  staid  there  aome  time;  knew  ol  tbe  deairuc- 
iion  of  iheCaroliiie  btfore  ttiat  morning;  knew  u 
the  night  befori-;  tbe  serit>nel  told  him;  woe  driv- 
ing a  team  at  tbe  time  of  the  outbroak;  gave  up 
that  because  be  couldn't  get  pay;  ianow  employ- 
ed by  Mr.  Porter. 

THE  DEFENCE. 

Thuhbday  Morning  —Fourth  day. 

On  the  opening  of  the  Court,  Judge  Gndley 
stated,  that  anxious  as  he  was  to  relieve  ihe  Court 
and  jury  of  thia  caae  by  the  concluaion  of  thw 
week,  aiill  the  Court  felt  no  disposition  to  urce  the 
counsel  to  greater  speed  than  was  consistent  with 
th«»  lull  discharge  of  their  important  Uutits,  aiid 
wished  cuunael  not  to  feel  )iu»hed  bytheCoU'C 
beyond  a  proper  and  con»iatent  degree  of  diapaich. 

Mr.  opencer  then  nailed  to  the  atand 

Alexander  C.  Hamilton— who  deposed  that  bo 
retidea  at  Niagara,  (J.  C  ,  has  resided  there  ainc« 
tbe  summer  of  1835.  I  know  William  W.  Keyt  • 
cock,  apoken  of  by  the  witness,  Wilson.  He  wa^ 
deputy  collector  of  the  custom*  at  the  Port  ol  Nia- 
gara. I  cannot  say  what  wss  the  precise  time 
that  Reyncock  left  Canada,  but  I  known  he  w«a 
not  in  Canada  in  tbe  forepart  of  November,  1837. 
1  went  to  England  in  January,  1836,  and  when  I 
returned  in  November,  Reyncuck  was  gone.  I 
had  been  on  habits  of  particular  intimacy  with  him. 
He  has  not  been  in  Canada  since,  to  my  know- 
ledge, and  I  dont  think  he  could  have  been  then 
without  my  knowing  it. 

Hulett  L'*tt,  sworn — I  am  a  farmer,  and  reside 
in  Luttsville,  Warren  county.  Pa  ;  1  know  the  wit- 
neat,  Aaron  D.  Quimby ;  have  known  him  four 
years;  I  know  his  reputation — it  is  bad;  I  woula 
noi.  believe  him  under  oath. 

Lansing  W.  Weimore  sworn— I  live  in  Warren 
county.  Pa.;  know  the  witness  Quimby;  na%e 
known  him  three  year»;  have  heard  his  leputa- 
tiob  spoken  much  ol  for  the  last  su  month*;  the 
reports  against  him  for  truth  and  veracity  u  um- 
fotnily  bad;  i  would  not  believe  a  word  he  said 
under  oath,  unle>s  he  was  corroborbtcd  by  other 
testimony ;  he  haa  been  frequently  in  couru  at 
hume  as  a  witness. 

Cross  examined— I  live  6  or  7  miles  from  him; 
1  am  a  lawyei;  I  attended  the  last  term  of  the 
Common  Pleas,  and  waa  engaged  iu  the  cause  m 
which  Quimby  waa  a  witness;  I  was  employed 
on  the  sioe  of  the  party  to  which  his  testimony 
was  opposed;  his  testimony  was  of  aome  import- 
ance,  no  witnesa  was  called  to  impeach  hinu  How 
came  you  here?  I  came  at  the  request  of  Mr- 
Spencer,  under  much  the  same  circumstance*  as 
stated  by  the  last  witness,  Lott;  Quimby's  own 
brother  speaka  hardest  of  him;  he  bad  a  lawsuit 
with  his  brother;  I  never  knew  what  Quimby's 
politics  ar^.  Have  you  expressed  or  do  you  l««l 
any  interest  as  to  the  eveuui  attending  the  born 

ng  of  the  Caroline  ?    I  h^ve  felt  opposed  to  the 
proceedings  of  the  painois,  but  I   cu  not    think 


IS 


I  at  Bmith'ii 

tb«  houcM 

morning — 

nown  ihmn 

t  of  p«opl« 

thaeipMli- 

derd:  U)« 

ttie  eipadt- 

1  one  d— d 

ird  noihiof 

of  diapuM 

«iMt  d««d, 

At  iMcL«o4 

he  denirut' ■ 

iig;  knew  u 

wae  dnv- 

k\  gKve  up 

ow  emplov  ■ 


>urth  dar. 
Ige  Grid  ley 
f»  (he  Court 
wiun  <)f  thw 
\  tu  ur|re  Um 
iiistent  with 

Uuiiti,  aii<l 
ly  the  Cou'C 

uf  dutuiucti- 
I 
Med  thatbo 

there  aincw 
m  W.  Keyi  • 
tn.  He  WM 
Portot  Nia- 
precine  time 
10  wn  he  wva 
ismber,  1837. 
and  wbea  I 
vtu  gone.  I 
cy  with  him. 
3  my  know- 
e  b«en  then 

r,  and  reside 
now  the  wtt< 
vn  him  four 
ad;  I   woula 

e  in  Warren 
itmby;  tia%e 
1  hi8  leputa- 
month* ;  the 
ticity  is  ui>i' 
irurd  he  said 
bted  by  otber 
in  cuurte  at 

)•  from  him; 
term  of  the 
ihe  cause  m 
aa  employed 
tiis  testimony 
■ome  impori' 
ch  him.  Hoot 
]aeat  of  Mr* 
imatances  a> 
oimby'a  own 
lad  a  lawsuit 
liat  Quimby's 
r  do  you  l««l 
ing  the  burn 
>posed  to  the 
I  not    think 


everjiitUAed  the  burning  of  the  rsrnline.  Did 
ynu  ever  eipreee  Mn  opinion  that  M>-L«>n«l  nng^ii 
not  lo  be  tried?  I  do  not  know  tt>M  I  ever  have. 
I  might  have  said  I  thought  it  a  mttler  which  the 
guve'nm^nt  ought  tosttde. 

S<rourl  Drown,  reoallcd  hy  Mr  Spencer. 

Did  you  have  a  canversation,  in  February  last, 
with  David  C.  Bates,  in  which  you  said  yon  knew 
nothing  about  the  bumii  g  nf  the  Caroline  that 
wonld  do  M'Leod  go  id  or  ill?  I  do  not  knuw 
whether  Mr  B>tes  was  present,  but  wh^n  I  was 
mibpcBoed  to  gu  to  Lockport  to  testify,  I  said  tn 
rov  br  *lher  in  Taw,  Mr  H>yward,  that  if  they  could 
Ttot  find  a  hill  arninst  M'Leod  without  my  t<>sri- 
m  my,  they  oould  not  (vtnvirt  him  with  it.  I  re- 
ouiiect  no  conversation  with  Mr  Bates. 

Dflvid  C.  Bates  sworn.  I  hve  in  Canandaigua, 
and  kuf^w  the  witnesa  D/own.  Same  time  insi 
winter.  Drown  told  me  he  was  subpcn  led  to  gn  to 
Lockport  in  the  M'Leod  case.  I  axkcd  him  what 
Tie  knew  about  it?  He  replied  that  he  did  not 
know  that  he  kne«  enough  about  it  Uidj  M'Leod 
«Hther  gmd  or  harm 

David  H.  Sears  awern.    Kesides  in  Canada; 
now  in  the  British  service  as  oaptnin  of  incorpo- 
rated militia;  waa  the  commander  of  the  guard  at 
Onippawa  on  the  S9th  of  December— it  waa  the 
laferior  picket  guard,  and  exter.ded  from  the  Ta- 
vern of  Davis'  tu  the  lower  point  of  Navy  Island; 
ih*!  main  guatl  ended  at    D«vis',  the  bridge  wws 
t>tt<veen  Davie'  tavern  and  the  place  of  rmbarka- 
t'.on;  from  that  point  sentinels  were  stauone d;  the 
tint  sentinel  near  the  place  wuere  the  party  em- 
barked on  the  Chippewa  Creek;  the  place  of  em- 
barkation was  very  close  tu  the  cut  where  it  en- 
:  ^red  the  Ctiippewa,  there  were  a  considerable 
number  of  large  trees  at  the  plane  of  embarkiiton, 
covering  the  shore    there   with   their   shade— 
the  next  sentinel  was  at  the  mouth  of  the  cut,  six 
or  eight  |pd<<  above  the  cm;  the  the  cut  was  atiout 
B  hundred  yards   through,   he  couldn't  exactly 
my;  and  the  sentinel  waa  half  way  between  the 
■ecood  and  a  guard  bouse  built  of  boards,  which 
stod  about  a  quarter  ot  a  mile  below  the  curve 
point  of  Navy  Island,  on  the  Canada  shore  of  the 
Niagara  river;  at  the  guard  bouse  there  was  the 
fourth  aentinel;  the  guard  house  stood  above   the 
road  from  the  river,  and  another  sentinel  was  on 
ihe  other  side  of  the  guard  houie;  another  sentinel 
wu  very  einee  on  the  bank  of  the  river  on  the 
road  about  20  rods  above  the  guard  house;  ano- 
ther w«ta  about  that  distance  further  on;  that  was 
The  limit  of  witness's  command;  was  up  all  that 
night;  waa  present  when   th«  party  embarked;— 
Col.  McNab  waa  not  there  that  I  knew  of,  as  it 
<:vas  daik,  and  I  ooutdti't  distinguish  any  one  I 
didn't  well  know  or  see  nearly;  the  point  of  em- 
barkttion  waa  just  below  the  mouth  of  tne  cut; 
ocne  of  the  boaU  might  have  been  in  the  m  )Uth 
of  the  cut;  there  were  seven  boats;  was  near  by 
them;  was  mixed  up  with  the  party;  knew  MrLeod 
then;  had  known  him  since  '34  or  '35;  knew  him 
very  well;  saw  htm  very  frequently;  «aw  nothing 
of  him  in  the  party;  the  party  when   they  leit 
anme  of  them  and   nearly  all  rowed  till   tbey 
got  into  the  cut   when  aome   of  them  began 
ui  **tr«tk."     I   Wis  directed  to  tt-ll    the   sen- 
tinels not  to  challenge  boats  com<ng  upon  thecx- 
peditinn,  waa  wished  to  be  kept  serret,  and  the 
ohaileoge  might  have  been  heard  on  Navy  Island 
— and  an  officer  of  Col.  M'Nab's  staff  rode  up,  and 
inatneted  the  sentinels  not  to  challenge  the  boats 
— witnesa  accompanied  the  exoediiion  as  far  ua 
as  his  guard  extended— other  officers  had  charge 
of  ihe  guaid  higher  up-^ia  not  positive  as  to  wbo 


liaiJ  rhnrge  of  the  guard  above— the  boats  went 
still  tiiKher  up  so  that  witneas  did  not  see  thrm— 
this  was  about  10  it'dock  at  ninht— witness  then 
csme  back  Ui  th«  guard-house  and  remained  there 
tilt  he  a  tw  alight  at  8chl  tsser— now  knows  that 
that  was  the  Caroline  on  Are  —then  went  to  where 
the  beacon  light  was  j'ist  flirir  ^'  up  immediately 
on  the  cut — relhained  only  a  few  moro«»nrs  at  the 
bftar  n  lig-ii— went  immediately  ui  ihe  orderly 
riNim  wittiin  the  main-guard  whi<>h  vt^as  kept  at  a 
house  in  the  same  square  with  Dairs— went  there 
to  tell  the  officer  of  ihe  burning  of  the  Caroline- 
then  returned  >o  the  beacon  light— diH  not  remain 
sta  ion  there  wsry  long— but  oSser>ed  the  Ca»o- 
line  fl  taung  down— the  fire  had  raised  the  steam 
so  ihat  n  was  easy  to  see  that  it  was  her— remain- 
ed at  liie  beanon  1  ght  till  the  hosts  returned,  about 
8  o'clock  in  the  morning  — Would  persons  bo  al- 
lowed at  thattima  to  walk  there  without  being  in- 
tercepted ?  No  one  can  pass  without  the  couuter- 
■ign. 

H.»w  many  biats  returned  ?  At  firs»,  five  r.early 
together.  How  long  apart  in  g^tiin.t  in?  Four 
came  not  tar  apart— one  fell  below  And  had  to  row 
against  the  current— it  was  about  half  an  hour  be- 
hind. Where  did  they  disembark?  Where  thry 
had  embitrked.  Were  you  among  them  when  thty 
landed?  Yes.  For  what  reason?  I  had  one  ur 
two  particular  friends  in  the  parry  and  wished  tii 
know  their  fate.  Did  you  find  them?  I  did.  Did 
you  notice  ttie  pa  ty  particularly?  I  did.  Did  you 
see  M'  Leod  among  them?  No.  Did  you  see  an>  • 
thing  nf  the  other  lioatM?  YeM — it  was  daylight 
when  they  ctrae  m,  I  think.  You  saw  them  pass 
the  beacon-licht?  It  ivas  then  nearly  ex 'met. 
Did  they  land?  They  did— but  I  think  I  did  not 
witness  thtnn  landing.  The  other  party  had  gone 
ashore?    Yes. 

Were  you  at  Davis'  Tavern  during  that  night  ? 
I  was  freuunntly  and  early  in  the  morning  Did 
yoa  see  McLeiMi  there  ?  No — I  remember  seeing 
nim  the  day  before  about  noon.  Not  that  morn- 
ing? No.  When  did  you  see  him  next  day' 
About  1 1  o'clock.  Where  ?  I  and  another  officer 
had  gona  up  the  river  opposite  Navy  Island  near 
the  residence  of  Captain  Udhur.  Did  you  see 
McLeodcome  up  there?  Whilst  standing  thare 
we  saw  them  brine  up  a  canno.i — .  Who  ?  Ti\e 
people  on  Navy  Island— and  they  charged  the 
cannon— and  looking  down  the  shore  we  saw  two 
or  three  gentlemnn  horseback,  some  one  said 
"that's  CjI.  McNab,"  t>ut  I  said  "No,  it's  Mr. 
MeLeod."  I  remai*.  ed  there  for  some  hourf, 
When  the  two  gentlemen  returned.  When  was 
the  firing?  Just  as  McLeod  and  his  parry  came 
up  together.  Had  rhere  been  any  firing  that  day 
or  day  previous  ?  Yes — the  day  previeus.  Can- 
non ?  Yes.  They  fired  at  the  pe«  pie  on  the  Ca- 
nada thore  ?    They  did.    Any  killed  ? 

Mr.  Hall — I  ohjact — I  object  to  such  a  course. 

Mr.  Spencer — My  learned  friend  seemi  a  iiiiie 
restive — surely  1  indulge  no  feeling  of  smuggling 
in  evidence.  I  hold  tiat  full  evidence  relative  to 
the  conduct  of  the  occupants  of  Navy  Inland  is 
relev'tnt,  0nd  I  aporehend  he  will  find  it  diffinu't 
to  show  that  this  is  not  competent  evidence.  Has 
be  hmiseit  proceeded  in  that  way?  I  did  not  at 
all  anticipate  that  a  question  would  be  rais  d 
here.  ,, 

The  C'lurt  said  that  it  h*d  been  already  decided 
that  the  au'hority  of  the  Supreme  Court  must  re- 
gulate thi><  trial.  With  respect  to  this  cannonad- 
ing, it  had  already  been  shown,  and  the  hostile 
character  of  the  occu  anta  of  Navy  Lland  was 
fully  gape  into,  and  rendered  re  3U'rence  to  the  op 


r 


u 


•rmtiona  nf  the  Navy  Uluid«n  unneoAMary  u.d 
illviiiiiniiM. 

Mr.  Spaiicer  requearcd  hi*  exneplion  to  h«  no- 
li<  ttd  tu  ihe  reluail  uf  th«  (Jourl  U)  r^ieiva  liw  iif- 
ler  tokliow  that  three  of  th«  CaiiNiluiia  w«ie  kill- 
ed by  th«  cannun  fired  from  Navy  liland, 

Exaioination  of  witneia  rekUine|i~ia  it  aafa  tu 
crckM  at  Navy  hiaiid  la  i^interV  Voe— <fir  per- 
aoDM  acouatuin«d  to  do  ao  !■>  IhcrA  ica  fti  8chioa- 
■ar  MO  aa  to  intercept  the  pa*«aKe?  Nii — un.eiia 
floating  ice  from  Lake  Erie.  U  it  u  aM.ift  current 
there  7    Not  lo  airooR  aa  on  ihe  Canada  ahore, 

Wunid  a  aieaniboat  on  thai  rivvr  then  be  a  moat 
powerful  auxiliary  of  the  Navy  lalaudera? 

Mr.  Hall  objfcifd. 

The  C«mrt  overruled  the  objection. 

Mr.  U^ncer  requesied  the  Court  to  note  the 
qufaiiun. 

CroM  examined  by  Mr.  Hull— Where  ia  the 
place  of  your  na  ivity?  Canada.  Where?  Cnld- 
wttll'a  Ml  nor— forty  n.tlca  from  Mnnircal.  Have 
y  •!)  reaiiJi'd  uny  where  •'l^e  7  In  ih«  United  Stttea. 
Where?  Ilucheater.  Ilowlops?  1  think  I  went 
there  in ''24  and  returned  in  "^IS  W>.re  yuu  in 
iiianriuy?  Yea.  Wht-re  eniiat  d?  I  waa  ornft- 
ed.  Where?  Atioiit  CO  miiea  (niu  M  niri-nl  in 
the  Eiaiem  Township.     In  what  yf-ai  f     Ij  J8I3 

When  did  you  go  t  >  tlmt  pluv  itrid  where  r  oni:' 
I  hail  been  there  m  ny  yearw  IIdw  ninny?  Fioin 
I  waa  aix  yearw  old.  H<«w  c  m-i  yoii  Iiik<i  tuen  ? 
My  paronu  lock  me.  Wli-t  w .»  yuur  ociiipation 
in  Rocheatr-rf  I  went  to  publish  an  el>  nieutbry 
achool-book. 

WhatwaaitT  A  pronouncing  'iaionary.  What 
turned  your  atienliun  io  thai?  My  property  whn 
burned  and  I  waa  aick,  and  when  convaleacent  I 
openf  d  a  school  and  there  oriRinnti'il  thx  btxik. 

The  Court  remarked  ihnt  ir.  hnrt  ireaiieritly  fpU, 
diapofced  to  stop  ijuch  a  course  of  examiiiation.  It 
they  were  to  Have  aa  many  autobiographiea  aa 
wirneiaea,  they  would  not  get  through  for  a  year. 

EYaminalion  continued — Were  you  ever  con- 
nected with  the  patriot  party?  Yea.  Are  yoa  a 
captain  now  f  No  Yuu  w«re?  Yea.  in  the  ar- 
my? No,  in  an  incorporated  <^oiiir»iiiv  of  militia. 
Oi  what  county  were  th^  auurd  you  t<pohe  oH 
They  were  colored  men.  HaU  \<>u  this  u«impany 
at  Chippewa?  Yea.  How  did  yoo  r>  ceiv«<  your 
authority?  1  wait  commiaaiont^d  hv  the  (jovernor 
to  take  command  of  them.  Were  there  uny  In- 
diana among  you?     Yea. 

The  Court  waa  deaiio>ia  to  give  Mr  Hail  the 
utmoat  latitude  in  relevant  maitera,  but  really  ihe 
aaicaeity  of  the  Court  i-ould  no  diacover  any  re- 
levancy in  8iiub  a  oourae  or  examination  The 
ca»e  »hould  be  tried  in  a  lawyer-like  way. 

Mr  Hall  proceeded — Whe  e  wna  the  sentinel 
placrd  at  the  p  tint  of  emharhation  ? 

Wiinesa  agbin  descrihcd  ihe  poxtion  nf  (lie  a^n- 
tinela  aa  he  had  on  bia  direct  tx  roinanon.  He 
waa  alao  nunutely  qiieaiioned  reapecting  the  r;iia- 
racter  ol  tue  place  where  the  boata  embai  hMi  ? 

Thuksoay,  two  o'clock  P  M. 
The   proceedinKs  were  ie»uuied  t<y  Mr.  Hall, 

who  continued  the  cross  exammtdon  of  8eara. 

Mr.  Spencer  then  aaid  iht<t  he  now  proposed  to 
bring  forwHid  the  do^uroentury  evidence  'It  o 
leutned  gentleman  aiated  that  he  woii'd  firot  in- 
troduce the  varioua  official  docuiof  nis  th*tt  Imd  re- 
f«rence  10  thenrgotitttiona  htpr*^seiitpend  ng  be- 
tween 'he  goveriimeuta  uf  the  Uiii.ed  titaiea  and 
,    Great  Britain. 

Mr.  Hall — For  what  parpoat? 

Mr.    Spencer— WiL  a  view  to  eita^'Iish   the 


fA>'t  tha'  the  deatrur*  ion  tf  the  C«rolin«and  the 
killiiig  of  liiirfee  wore  ihe  at  la  of  the  puhlo  fori « 
o>  Great  liritiiin — which  aeia  were  aubat-quently 
ackiiowle<lKMl  by  ihai  government. 

Mr.  Hall— Yuu  wiah  theu  tu  e*lab!iah  that  there 
wnia  war? 

Mr.  stfM'nrer— Yea.  Or  anch  a  atate  nf  matiera 
aireleaaed  Itie  Mid>vidnaia  avtiiif  under  the  order 
uf  the  gtivtrrnment  nf  (>rent  Britain  from  all  r^a- 
poiiaibility  in  regard  to  the  oonaequencea  of  their 
acta  in  that  ttapaoty.  Mr.  8.  then  prr»c«eded  at 
very  conaiderable  length  to  ahew  that  ttiuugh 
there  had  been  no  formal  declaration  of  war,  yet 
the  provincial  government  of  Great  Kriiain  had  a 
right  to  deairoy  the  Caroline  iti  aeif-defeoc«. 

Mr.  Hall  roae  to  reply — 

1  he  Court  relieved  Mr.  Hall  from  replying  and 
expreaaed  lU  jiidii  ial  opinion  a*  fnllo<>ft:-^  The 
pre><Mit  indiitiner  t  haa  been  aent  down  to  ua  by 
the  Supreme  Cniirr,  to  be  tried  like  any  other  ismie 
ill  the  Circuit  ("ourt.  A  motion  waa  made  for  the 
priiioncr*Mdii*chargo  on  the  groui.d  that  thatC-u  t 
could  look  behind  the  indictment,  and  doing  m* 
would  be  jiikiitied  in  diaohariiiiig  the  pruonrr  — 
The  Supreme  Court  came  to  the  concluoion  ihat 
they  had  no  right  to  lo,>k  f>eiiind  the  indieinienl; 
and  aecond.  it  they  hxil.  that  the  motion  ahould 
be  (Ic  >ied  f'irttif!  WMiiiuf  inuritor  uf  auundneha 
of  tli«  ground  on  which  it  wa«  urged — on  acc-ouht 
namely  of  ihe  annence  of  any  thing  hke  war.  in 
such  a  senMe  wnirh  maltea  ihe  hilliiig  of  individ- 
iihIh  excusable  or  juktifiaOle;  and  for  the  leaaon 
that  ihere  waa  ni  thing  in  the  pending  negotiatinna 
whienio.-k  HW^y  ilieri|ihtof  New  York  to  pur>iMh 
oirendera  acainat  her  lawa     Thia  npini  n  the  Sa- 

rireuio  Court  alter  the  case  had  been  ably  and  de- 
lOeraiely  aruued  hnfure  tli  m.and  whit'h opinion 
though  for  ttie  n  Okt  part  written  by  me  wan  the 
expreaaion  of  the  uinttd  jui'gmentuf  all  the  mem- 
bers of  the  Court.    From    that  opinion,  even  W  I 
did  not  agree  with  it,  I  cannot  diaaent.    Tli«t  de- 
ciaion  la  law  whh  me   and  may  be  brit^fly  atuied 
tliiia:— Abiind  of  me o  composed  of  Canadian  ittti- 
els  and  Ameritan  citizena  who  voluntarily  joint  d 
them.    Theko  took  poateva  onof  Navy  I*ltii<d,ar.d 
were  therefore  a  hoatile    force  inva'^i"ff   Cariartn. 
Thr-y  wcie  dir»-Rlly  hostile  lo    the    Can  dian  Go- 
vernment, »>nri  I  have  no  doubt  that  me  t  anadinii 
feuthoritiea  hi.d  a  right  tu   r»pel  that  invaaion— )o 
auppreai)  that  insiir  eciiuii,and  to  Uhe  all  ihe  means 
wiiiih    nationa,  when    engaged  in  war,  may  use, 
against  rebel    bubj^cia  or  foreign    enemiea.     hut 
while  that  .8  true,  it  ia   proper  also   to  look  at  ihe 
righta  of  neutrals.    Every    citizen  ot  the  UnitMl 
Siatea  who  c-hoae  had  a  right,  au  far  aa  respected 
hia  ob  igaiioria  to  hia  oan  government,  to  expatri- 
ate hinitelf  and  join  ihe  msU'geoiM,  bui  when  he 
done    so  he  waa  subject  to  all    ihu  cooai  quence* 
that  the  rebel  aubjecia  of  Great  Briiain  incurred. 
Any  of  our  ciiizei  s  A'hn  cho>e  had  aright  to  car. 
ry  provisions  aid  niuuitionaof  war  tothuse  iiikur- 
gfuta  at  the  risk  of  their  lorleiture  if  capiureo,Bi>d  > 
in  thatview  the  Caroline  wan  Jiahle  to  aeiztire  if  <i~ 
portion' I  of  the  armanient  of  the  Navy  Klun  err, 
when  the  e,  ur  if  puasible  on  the  high  tea*.     B'H 
thht  every  member  of  that  hostile  bund  when  on 
our  shores  waa  arcure  from  iiijuiy  by  the  advert 
po  ■  er;  and  ihe  Britt»h  goveriiment  had  no  mur«^ 
light  to  send  armed  men  from  Canada  to  make  un 
attack  on   that  steamboat   Caroline,    than    they;; 
Would  h^ve  had  lo  stnd  armed  men  to  Kuffialo  t<^ 
seize  on  the  arsenal,  from  which    they  feared  the  ■ 
rebela   might   take  arma,  or  to  sasosainate  thci 
Mayor  ot  that  city,  leat  he  might   give  up  the.i!:i 
ariaa.  " 


15 


inciind  the 
puhl'd  f«>r( « 
ubai'qusntly 

•h  that  there 

e  of  mtttert 
•r  lh«  order 
ironi  all  na- 
inei  ill  iheir 
>r()c«ciied  at 
that   tbuugh 

of  wiur,  yet 
iritaiii  had  a 
efeoce. 

replying  and 
llo** :— -  I'he 
wn  ti)  UH  by 
ly  other  ihkiie 
ronHH  for  the 
lat  tbiit  C<<u  t 
nnd  doing  m* 

e  prUMiirr  — 

oiicluoion  ihat 

he  iiidic-inifiil; 

niittiua  Mhuuld 

of loundneHM 

—on  accoiiiit 

DC  like  war.  in 

iiigof  iiidiviil- 

or    the  lenvuii 

pcnegotifltii'iin 

York  u>  pui'inh 

npirii  n  the  Su- 

in  ttbly  and  de- 

I  M/hii'h  opinion 

py  oce  wan  the 

of  all  the  mein- 

inion,  even  if  I 

aeni.    Th»t  de- 

»e  biufly  tituied 

f  Canadian  itth- 

tiuiitanly  jointd 

Vttvy  I*lHi>d,nr.d 

I^B'^irgr     (..AfiRrtn. 

3  Can  dimi  Go- 
lAt  vitui  anndinii 
hat  iiivaHi««i»--iit 
the  all  ihe  mrans 
lU  war,  may  use, 
enfmies.     hiit 

0  to  look  *t  1  he 
n  of  the  UnitMl 
fares  respecied 

inent,  to  expatri- 
niH,  buL  when  he 
ho  coO»i  qufciicen 
Britain  ii.eurretl. 
ad  aright  locnr-^ 
ar  totiio>>e  iiuur- 
eif  capiu'ro,»ii<lf 
hie  to  teiziirtt  il'n 

1  Navy  l»l»n  erf, 
high  kPa*.     B'li 

le  bund  wb^ii  on 
y  bv  the  adve^^•' 
ant  had  ito  murn 
lunda  to  ni«k<*  un 
iline,  thBn  th<y 
men  to  KiifTabi  ti 
they  feaied  the 
»  sssouunRte  \t\ti 
It   give  up  the.c 


J 


Then  in  my  view  are  the  deriainna  of  the  8a- 
pffme  Conn— not  only  opiniona  put  lorth  in  their 
dccumn,  but  clothed  with  auth«irity,  binding  upon 
•nr,  and  which  1  have  no  discretionary  power  to 
el  a*ide,  even  if  1  bad  examintd  the  queition  ful< 
,y  and  rame  to  an  opposite  conciU'ion  from  that 
lif  the  higher  Court.  I  am  administering  law  here 
mt<ject  to  the  review  of  that  very  fibunal,  and  1 
fteieiore  feel  bound  tti  rrjrct  the  proposition  to  of- 
Inr  these  matters  in  evidence. 

Mr.  Spencer  aaked  the  Court  to  note  hit  eicep- 
lion  to  Its  decision.  Mr.  Spencer  then  aaid  he 
Aould  commence  with  the  deposition  of  Col.  Allan 
McNab. 

Mr  Hall  laid  he  objected  to  the  admiMion  of 
that  depttsition  on  the  ground  that  while  replying 
to  the  intenrogalories  Col.  McNab  read  hia  anawers 
from  a  wriiien  statement  previously  drawn  up, 
contrary  to  the  law  regulating  ttie  etecntion  of  the 
commission. 

Toe  objeciiona  were  finally  overruled,  and  the 
reading  of  the  deposition  commenced.  Almost 
every  interfogatory  however  wuh  met  by  some 
technical  objrciion  on  the  part  of  Mr.  Hall,  which 
prosracied  the  rending  of  Col.  McNab's  testimony 
ull  a  very  late  hour. 

Thursday  Nioiit. 

Deposition  oj  Allan  McNab.— I  know  a  h<»dy  of 
miliiia  was  akueinbled  at  Chippewa  in  the  month 
of  December  1837,  and  January  1838,  to  the  num. 
ber  of  between  2U0O  and  30(jO  to  rtpel  an  expect- 
ed  invasion  from  rebels  and  American  brigands 
assembled  on  Navy  Island  and  on  the  American 
stiore  near  Schlosser.  They  wern  ordered  out  by 
the  Lieut.  Governor  of  U.  C,  Sir  Francis  B.  Heaa 
Sir  !■  rancis  was  at  Chippewa  more  than  once  dur- 
ing the  monthH  before  mentioned.  1  asHumed  com- 
raana  of  the  forces  assembled  there  by  his  direc- 
tions. I  remember  the  last  time  when  the  Caro- 
line came  down  previous  to  her  destruction.  From 
information  I  had  received,  I  bhd  every  reason  to 
believe  she  came  for  the  express  purpose  of  assist- 
ing the  rebels  and  brigands  on  Navy  Island  with 
men,  arms,  ammnniuon,  provisions,  stores,  &c. 
To  ascertain  thtit  f  set,  I  sent  officers  with  instruc- 
tions to  watch  the  movements  of  the  boat,  and  to 
report  the  same  to  me.  These  Kentleroen  told  me 
they  saw  her  land  a  cannon,  several  men,  armed 
and  equipped  as  solditrs,  and  ihar.  she  had  dropped 
her  anchor  under  the  east  side  of  Navy  Inland. 
Upon  the  information  I  had  previously  received 
from  highly  respectable  sources  in  Buffalo,  toge- 
ther wiih  the  report  of  these  gentlemen,  I  deter- 
mined to  destroy  her  that  nighr.  I  entrusted  the 
rommand  of  the  expedition  for  that  purpose  to 
Captain  A.  Drew,  Uoyal  Navy  Seven  buats 
were  equipped  and  lelt  the  Canadian  shore,  but  I 
don't  know  the  nuirber  of  men  in  each  boat.  I 
ordered  the  expedition,  and  first  communicated  it 
to  Capt.  Drew,  on  the  beach  where  ihe  men  em- 
barked. A  short  time  previous  to  their  embarka- 
tion Capt.  Drew  was  ordered  to  talie  and  destroy 
the  Caroline  wherever  he  could  find  her.  I  was 
on  the  beach  when  the  boats  embarked,  and  wuen 
they  slatted  I  had  been  there  about  a  quarter  of 
an  hour.  I  notii  ed  most  of  the  persons  going  imo 
the  boats  I  stood  within  2  or  3  rods  of  most  of  the 
boats  as  the  men  went,  and  while  they  were  pre- 

firing.  I  have  known  Alex.  McLeod  5  or  6  years, 
think  I  saw  him  on  the  day  previous  to  tbe  de- 
Biruction  of  the  Caroline,  but  in  what  plai  e  and 
(m  what  baainess  I  do  nut  reo>11ect  I  did  not  see 
bim  when  the  boats  shoved  off  to  destroy  the  Ca- 
roline. He  was  not  in  my  presence  that  evening. 
I  was  on  the  shore  when  ihey  returned,  and  was 


near  the  boata  whan  the  men  landed.  I  taw  the 
fHces  of  perhaps  oie  hHll  of  those  who  landed,  but 
I  did  iioi  foe  Aleiaiider  McLeiNi,  nor  do  I  know 
where  be  was.  I  s«w  the  C.  on  fire  going  down 
the  nver  after  the  b«iais  had  left  her  1  think  f 
made  a  return  u>  the  Lent  Governor  of  U.  C.  of 
the  offlcers  and  men  who  dcsiroyed  the  Caroline, 
and  I  am  sure  the  name  of  Alei  McLeod  was  nut 
among  them.  I  was  not  in  rommand  when  the 
force  look  possession  of  Navy  KIsnd. 

Mr.  Spencer  tfirn  introducsd  and  read  the  de 
position  of  John  Harris,  some  portions  of  which 
also  met  with  opposition,  many  of  the  objectiona 
ble  it.terrogatories  and  replies  contained  in  ihe 
McNab  affidavit  being  n*so  embraced  in  this.  The 
admitted  testimony  of  Harris  was  substantially  as 
follows— 

DeptMitioa  of  John  llarrln,  of  the  tiwn  of  Loadon. 
I  hava  no  psrsonoal  acqdinlunr.s  with  Alfxai,d«f  Me 
L;^ud,  nnd  am  not  owtaiM  that  I  tivsr  spoks  to  himinmv 
lifs.  1  kosw  him  b*  sisht,  and  not  for  a  lon|t«r  perioil 
tnsDa  WMk.  I  r««uU«ct  Ihediwuucton  of  lh« Caroline. 
I  was  in  C'hippHwa  a  w«ek  or  ten  days  befura  that  oc 
eurrvnee.  I  was  in  that  «x[i<!iliiiun,  and  was  envngRt)  iiir 
der  Capiiiin  Drew  in  manning  the  boatii;  and  I  Imd  nvery 
opiMirtunity  that  anoftlrnr  ban  of  leninK  and  mti  icing  thoKi' 
•ngagcl.  Aleiander  McLeoiJ  wa«  nut  in  any  of  th» 
boaii,  nur  wus  ihers  any  in  tba  boats  ufihatnimn  I 
was  ill  ih«  bust  with  Captain  Draw,  nnd  mw  ull  thu  p<-r- 
sum  in  the  boat.  Mi  L^od  wus  not  in,  nor  did  I  ice  liia 
at  sny  lima.  I  waaona  of  the  boiirJing  purty,  and  board- 
ed her  tthaft  the  wlitsei  houfe.  I  w«-nt  forwarded  to  th« 
forecastle  hatchway, and  was  in  her  cabin  al«o.  1  beliave 
I  WHS  the  la  t  peroin  who  lefl  her.  Witli  reference  ti 
Alexander  McLeoH,  he  was  not  with  the  assailant.a,  nor 
did  he  have  aaything  to  do  with  the  dsstruotion  of  the 
Caroline. 

I  did  not  see  that  any  p*rMn  was  killed,  aor  3iJ  isee 
any  person  p'aced  on  the  wharf.  l»a,y  one  man  tevcroly 
wouiidad.  t  saw  the  men  on  their  return  it  ilie  Canada 
shore.  Alexaiidtr  McLeod  was  not  among  them.  Their 
names  were  particularly  taken  down  on  their  return  to 
Cnippewa  as  ttie/  lef\  the  boaU.  The  name  of  MoLeod 
waanoton  thelist.  I  saw  the  list  then,  and  hive  leen  it 
since.  Beven  boaU  Itfl  Chip|*ewa,  five  only  reached  thn 
C  ir  dine,  and  five  returned  in  company.  I  'kAow  Bir 
Alliin  McNab.  'He  wn^  on  the  beach  when  we  started  It 
was  by  his  command  that  the  expedition  was  undertaken 
ss  commander  of  the  forcea  on  that  station.  The  ditee- 
tinn<4 1  heard  him  cive  were  to  destroy  her  wherever  We 
could  Hiid  her.  C  iptain  Andrew  Dr-w  was  in  command 
of  the  expedition  by  ord«r  of  Hir  Allan.  I  know  nothing 
more  than  I  have  stated.  All  1  can  say  is,  I  am  poaitive 
Alexander  Moli«od  w>i8  not  in  the  boats,  as  I  was  em- 
fUiym*.  aa  an  Aid  de  Camp  to  Captain  Drew  in  superin- 
tend ng  tha  manning  of  the  boats. 

'1  he  next  depssition  introdhced  and  read  was 
that  of  Edward  Zealand,  who  testified  in  'snh. 
stance  (aa  far  as  admttted  in  evidencei  as  fol- 
lows— 

Deposition  oj  Edward  Zealand,  of  the  town  of 
Hamilon,  aged  45  years.  I  know  Alexander  M(  • 
Lend,  and  have  known  him  since  Jan.  or  Februa>y 
1838,  but  waa  not  acq<  tainted  with  him  prior  to 
that.  I  recdlU ct  the  afstruction  ot  {the  Caroline, 
and  was  at  Chippewa  iit  that  time.  The  exprdi- 
tton  embarked  f>om  Chippewa  Creek.  The  per 
sons  engaged  were  an  hnur  or  two  making  prep  • 
ra  ion  tur  ~i'.  1  was  a'<sisting  but  hsd  no  opp  Tt<i 
nity  of  observing  the  persons  engaged,  ixneit 
those  in  the  boat  I  was  m.  I  dn  not  know  where 
McLnod  was  st  that  time.  He  was  not  in  the 
boat  with  me,  nor  was  he  in  my  immediate  neigh- 
borho>d.  I  went  in  the  buat  commanded  by 
Capt  Drew.  McLeod  was  not  in  our  host,  nor 
did  I  see  him  on  oar  return  to  Canada  fiom  SchIo^  - 
ser.  I  waa  on  board  the  Caroline  the  night  of  her 
destruction,  aft  in  thd  cabin,  on  ttie  larboard  side. 
I  got  on  boaid  abotit  the  same  time  with  the  other 
Bssatlanti,  and  was  nearly  the  last  to  leave  her 


H 


1  (lid  not  tf «  ll*LMd  tmoDg  tht  •■•  il*nt«,  and  1 
do  nt  t  h«lMv«  h«  WM  •  m  mf  th*m.  Th«rM  was 
adKtttlnian  lyinv  ini  itMduik*  SchloMtr,  but 
n«  wm  not  runv«)i«d  tb«r«  He  mttMa«*e  ft 
diiriPf  tli«  iittuk  on  the  (/iimiiiie,  but  I  do 
not  know  wtuiner  he  wm  •^ut  on  boenl  tSe 
O«roline  or  on  the  duck  I  think  the  allot  thnt 
etrutk  hiin  wm  from  the  direitinn  of  the  tevem 
(K  ■lore,  lie  oould  not  hnve  b«en  ronveyed  on 
•hore  without  niy  knowiedpie.  1  mw  the  men  en< 
^agflit  in  t>'e  ttxiiediiio  i  on  their  return  to  Chippe- 
w«,  but  I  did  not  »vo  McLmd  emong  thrm.  end 
bclievo  he  wai  not  there.  Hoven  bn«t«  ttaitoi^ 
five  re)iclird  the  Cerolme,  itnd  five  r^turnnd,  el- 
tiM>Nt  in  uoinpnny.  I  k(io<w  8ir  A.  McN'tb,  but  do 
iMil  k"ow  where  he  wu  when  the  expedition  kt«rt- 
•d.  I  did  not  hoar  him  give  nny  or<ler>',  nor  do  I 
Know  by  whoio  cominund  th»  expe  lition  »t'<>t«>d. 
I  ll)<\v«  no  doubt  it  win  itutted  by  Sir  A.  MtNab. 

Knowi'  g  (/apt  Drew  to  linve  been  in  (he  navy, 
I  do  not  thirik  ho  would  hnve  entered  upon  it  un* 
|e«e  proieily  authorized  to  do  en,  and  on  that  nc- 
riuitl  j'linci.  (/apt.  D'pw  oommandod,  but  I 
do  not  know  by  whoie  ordnr. 

'I'he  court  here,  at  10  o'clock,  adjourned  till 
morning. 

Friday  Mornino,  Oct.  8. 

The  conrt  met  at  8  o'oJtM^k.  and  i  he  counael  for 
the  priioner  renumfd  the  reading  of  tlio  depoci- 
uona  taken  under  oornmi^aion.  'I'he  firat  read  waa 
thatof  Wm.  Small  Lti|ht,  whirh  atripped  aa  the 
preceding  onea  of  the  excluded  portiona,  waa 
aubittantially  auMiowa — 

Dfosilion  of  William  S  Light,  nf  the  townahip 
of  N  irth  Oiford,  in  the  diatrict  of  Brech,  and  pro- 
vince of  Canada.— I  have  no  perHonal  acquaint- 
ance with  Alexander  McLend — ne  waa  once  point- 
ed out  to  me  in  ihn  sireeta  of  Chippewa,  bu'  whe- 
ther before  the  27th  of  Dec.  1837, 1  cannot  aay.  I 
bnlieve  him  t4)  be  a  Britiah  nu^ject.  I  recollect 
the  deatruction  of  the  Caroline.  1  waa  at  Chippe- 
wa at  the  time.  I  cannot  apeak  poaitively  aa  to 
the  peranna  who  went  on  that  eipedition,  except 
auch  aa  went  in  the  8ame  boat  with  myaelf.  I  do 
not  know  where  A.  McLeod  waa  when  the  boata 
firat  put  off.     He  waa  not  in  my  boat. 

1  saw  the  Caroline  on  the  night  of  her  deatruc- 
tion. I  boarded  her  on  the  atarboard  bow,  and 
waa  the  Hnt  on  board  from  my  b<»at 

Alexander  McLeod  waa  not  among  the  firat  aa- 
aailanta  from  the  firat  attack  upon  her  till  her  final 
deatruction,  to  my  knowledge.  I  aaw  no  one 
killed  on  board  the  Caroline.  I  aaw  a  man  in  the 
after  cabi'ideaperately  wounded,  and  waa  ordered 
by  Captain  ■  Drew  to  carry  him  on  ahore. 

I  took  mm  to  the  gang  wiy,  and  believe  that  he 
either  walked  or  waa  carried  onahore,  but  cannot 
bay  poaitively,  aa  I  did  not  aee  him. 

The  neit  deposition  waa  that  ot  John  Gordon, 
who  deposed  in  »ub  stance  aa  lollowa: 

Depoaition  of  John  Oordon  oi  the  town  of  Ha* 
milton,  Canada  :  I  know  Alextnder  McLeod,  late 
Deputy  Sheriff  of  the  Diafaict  of  Niagara,  by 
tight,  but  have  no  personal  acquaintance  with 
him.  I  think  the  firat  time  I  aaw  bim,  waa  when 
he  waeapaaaengeron  board  the  ateamboat  I  com- 
manded. 1  cannot  atate  preciaely  that  I  aaw  him 
more  than  once.  I  recollect  the  time  of  the  de- 
atruction of  the  Caroline,  I  waa  in  Chippewa  ^t 
the  time  of  her  deatruction.  I  had  been  there  a 
few  day  a  before  that  time.  The  peraona  who  went 
in  the  expedition  embarked  at  the  mouth  of  the 
Chippewa  river.  I  waa  there  about  half  an  hour 
before  their  embarkation.  I  do  not  know  hnw 
long  the  other*  were  Umw  baiinra  I  came.    I  re- 


■ained  on  the  hearth  during  that  time,  I  had  no 
npp<»rtunity  of  knowinc  any  of  the  peraona  except 
thoae  in  the  boat  which  I  ctMomanded.  I  do  not 
know  where  A.  McLw^  waa  ;  he  waa  not  in  my 
boat.  I  aaw  all  the  peraona  in  the  boar  I  went  in 
before  landing  at  Hoi-hiaaer.  I  am  aatiafind  A.  Mc- 
Leod waa  not  one  of  them  I  did  not  tee  h'm  in  my 
way  from  Canada  to  Schloaaer  1  aaw  the  Caro- 
line on  the  nitht  of  her  deatruction.  I  waa  on 
board  of  her  ;  I  waa  not  below.— that  la  to  any.in 
the  gentleman'*  cabin;  but  withthia  exception,  I 
think  I  Wat  in  every  part  of  her.  Went  on  board 
of  her,  at  the  tame  time  with  the  other  ataailanu, 
and  went  on  board  the  a  ft  part  of  her.  Afcer  \\w 
whole  of  the  aaaailanu  had  left  her,  I  returned  for 
the  purpoae  of  tecuring  her  color*;  and  waa  un 
board  for,  I  thoiild  Ihink,  nearly  five  minuut.  I 
did  not  tee  A.  McLeod  on  board  the  Caroline,— 1«» 
th"  beat  of  my  knowledge  he  waa  not  there.  I 
did  not  aee,  nor  do  I  know  any  thing  of  any  per- 
ton  having  been  killed  during  the  attar  k  on  the 
Caroline,  or  ronveyed  on  in*  Canada  aide  at 
8chloaier,  and  remaining  ihert.  I  did  i  ot  aee  A. 
McLeod  thatnishtor  ainoe. 

The  aeventh  dep«iBiiion  read  wia  that  of  Chrit- 
topher  B  er,  who  wi\8  in  the  aame  boat  with  depo- 
nent G<»'don,  and  which  waa  at  fo'low«: 

Depoiilion  nf  ChrvtlojJter  Beer,  ai^ed  49  yeara. 
a  naval  officer  attached  to  the  war  iteamer  Mino;i. 
Prior  to  the  Hoktruction  of  the  Caroline  1  knew 
Alexander  McLeod  by  tight,  imt  hid  no  acqiuinr- 
ance  with  him;  I  waa  at  Chippewa  at  ihe  time  of 
the  deatruction  of  the  Caroline,  and  waa  in  that 
enterpriae.  I  know  all  in  the  boat  with  me;  Mo- 
L*o«l  waa  not  among  them.  1  did  not  aee  hire  at 
all  thtit  evening;  I  waa  in  every  part  of  the  Cam- 
line;  went  on  board  with  the  r«^at,  and  we  all  left 
about  the  aame  time;  I  did  not  aee  McLeud  among 
them,  either  on  the  expedition,  or  among  our  num- 
ber when  we  returned.  <'^apt  Drew comnmnded; 
hit  ordera  were,  **The  tteamboat  it  our  object — 
follow  roe." 

The  next  depoaition  read  waa  that  of  Capt.  Sbe- 
pard  McCormick,  which  waa  aa  followa : 

Deposition  of  Stephen  McCurmack,  Esq.,  Lieut 
in  the  Royal  Navy.  The  lirat  time  I  aaw  Alex. 
M<  Lsod  waa  on  the  night  of  the  28:h  Deo,  1637, 
when  he  waa  introduced  to  roe  by  Capt.Uraha'i . 
I  perlecily  recollect  the  deitruction  ot  the  Car«f 
line.  I  waa  at  Chippewa  about  that  time  and  f  »r 
Bome  daya  prior  to  it.  Thn  peraona  wh'i  embark- 
ed in  the  expedition  were  f>ir  about  half  an  hour 
ttanding  on  the  beach.  I  waa  getting  the  boar« 
ready.  I  took  a  liat  of  the  name*  and  went  round 
togetvolunteera  by  direction  of  Capt.  Drew,aa  I 
waa  tecond  in  command.  When  the  boata  went 
to  dettroy  the  Caroline.  I  do  not  know  where 
McLeod  wat ;  he  wat  not  in  my  boat.  I  did  no 
take  down  hit  name,  and  am  potitive  he  wu 
not  of  the  party.  I  went  with  the  party  on  Ihe 
expedition,  and  did  not  tee  McLeoi  among  ua  at 
anytime.  I  did  not  aee  him  at  all  that  night.  I 
wat  the  tecond  of  our  party  who  landed  on  the 
Caroline,  ard  wit  in  moat  porta  ot  her.  I  wat  put 
into  one  of  the  boatt  after  I  wat  wounded,  before 
the  other  attailantt  left  the  Caroline.  I  waa  ao 
diaabled  that  I  cannot  recollect  who  I  taw  on  my 
return.  I  taw  McLend  thnrtly  after  the  deatntr  - 
tion  of  the  Caroline,  and  he  expresiod  hit  regret 
tiuU  he  had  not  hmrd  of  it,  aa  he  would  have  ac- 
companied us.  Furtuer  tban  this  I  know  of  no- 
thing thMmay  tend  to  the  advantage  of  aaid  A. 
McLeod. 

The  next  depoaition  read  waa  that  of  Frederick 
Cleverly,  who  wat  in  the  tame  boat  with  Bt-iit 


t)i 


•nd  O'Reilj 
Di'poititiui 
■aw  Aleia 
the  28th  Uv 
t'l  ncconipn 
He  reinaim 
ua'tcra.  I 
t}iu  rxpedi'i 
of  them  em 
witli  me. 
Doc,  1837, 
Navy  InUi 
hoard  of  he 
hor  wiih  iIk 
I  did  not  I 
lieve  he  wa 
lite  Canad 
The  expedii 
Nab,  wlio  w 
I  heard  him 
who  comme 
Ian. 

On  the  ri 
receat  for  d 

Mr  8pen 
depoaitiuna 
he  propoaetJ 
timony- 

William  J 
and  being  at 
keept  a  put 
well;  bad  k 
of  Deo, '37 
nada  about 
once;  that  vt 
Jiiiagara  the 
n  a  wag'in 
a  caah  bo 
theaepeno 
Caroline  wi 
event  the  n 
oppoaite  Di 
mediately  i 
to  Niagara 
latter  place 
roadt  were 
a  half  goini 
the  gaia  ot 

John  Mo 
followa— B 
from  Toroi 
knowt  AU 
acquaintan 
the  Carolin 
1836;  heaii 
the  regime 
of  hit  loot 
gate;  wan 
if  he  had 
then  told  t 
Bttht  befoi 
mfbmt;  VI 
it  in  our  b( 
he  begged 
ry;  Col.  C 
a  piece  of 
roiiqe,  wh 
from  it  a  p 
larger  frti 
"Fallt;" 
tourcet  tl 
atructionn 
witlicwitiii 
the  great 


IT 


Di-jHrnliun  of  Clnitrlit.  Etq.—Tht>  Ant  Uni*  I 
nw  Alriaiiilrr  Mrl.r<><]  wiia  nn  itie  tvfniiif  of 
the  28tt)  0()<-«inil)vr,  lUli7,  when  h«  was  praoiuing 
t'>  ncrnnipfiiiv  ('ii|tt.  (imhnm  round  Navy  UUiiir. 
He  reinaiiieu  ih«  ()uiirti>r  part  of  the  night  in  our 
qut'trr*.  I  Ma*  |ir«-it«nt  at  the  tmhiirkniion  uf 
uto  ripe«Ii'ion  a|ainitl  the  ("nroline.  I  hw  moit 
of  them  em^itrk.  McLooii  wa«  not  in  the  hi mt 
Willi  n>f.  1  luive  never  korn  him  »inr«  the  Stfth 
Dec.  1837,  when  he  returnni  Irom  going  roiiiid 
Navy  l«lnnd  with  L'apt.  Graliom.  J  went  on 
hoard  of  h<'r,  and  to  mnit  part*  of  her.  I  bourded 
hor  with  tho  reit,nnd  left  Iior  about  the  rame  time. 
I  did  not  *eo  MiL^od  among  ihnm,  itor  do  I  be- 
iirve  he  was  among  them  when  Ihfy  returned  to 
the  Canada  ihore— nor  have  I  aecn  him  vince. 
The  eipediiina  wtia  ntHrtcd  by  order  of  Sir  A  Mc- 
Nab,  wlio  waH  on  the  beach  when  we  Mtnrled,  hut 
I  lioard  him  g  vo  no  directiou about  it  ('apt.  Drew 
who  commanded,  received  hia  order  from  Sir  Al 
Ian. 

miDAT  ArTimrooN. 
On  the  reaumption  of  the  pfoceedinga  after  the 
receaa  for  dinner, 

Mr  8penccr  aaid  that  aa  the  remainder  cf  the 
dppoaitiona  contained  merely  collateral  evidence, 
he  propoaed  to  introduce  at  preaent  the  oral  tea- 
timany. 

William  Pren  waa  than  called  to  the  atand, 
and  being  aworn,  depoaea  that  he  livea  in  Canada; 
keepa  a  public  bouae  at  Niogara;  knew  AlcLeod 
well;  bad  known  him  a  year  before  the  '27th  of 
of  Deo.,  '37;  remembered  the  "  troubieaa"  in  Ca- 
nada about  that  period;  waa  at  Chippewa  only 
once;  that  waa  on  the  27ih  of  Dec  ;  returned  to 
JNiagara  the  aam*  evening;  took  the  paaaengera 
n  a  wag'in  fVom  Niagara  to  Chippewa;  entered  in 
a  caah  book  the  money  received  lor  carrying 
theaeperiona;  the  date  waa  S9thD<>0,  1837;  the 
Caroline  waa  deatroyed  that  night;  heard  of  that 
event  the  next  morning;  put  hia  horaea  in  a  yard 
oppoaite  Davia'  Tavern;  atarted  from  Davia'  im- 
mediately after  dark;  O'Keefe  rode  with  witneaa 
to  Niagara,  and  McLeod  went  to  Stamford;  the 
latter  place  ia  about  aix  milea  from  Chippewa;  the 
roada  were  very  bud;  were  at  leaat  an  hour  and 
a  half  going  to  Stamford;  McLeod  leltjwiineaa  at 
thp  gate  ot  Capt.  Morriaon 

John  Mnrriion  waa  next  aworn  .and  depoird  aa 
followa— Reaidea  at  Stamford,  U.  C  ;  moved  thpre 
from  Toronto;  came  to  Toronto  in  June  1835 
biQwa  Alexander  McLeod  perfectly;  made  hia 
acquaintance  in  'S6;  heard  of  the  deatniction  nf 
the  Caroline  on  the  momhigof  the  90th  December 
2836;  heaid  of  it  irom  Col.  Cameron,  formerly  of 
the  regiment  witneaa  belonged  to ;  waa  told  by  one 
of  hia  aona  that  the  Colonel  wanted  him  at  tho 
gate ;  went  down  and  oaw  him  there ;  waa  aiktd 
if  he  bad  heard  the  newa,  and  aaid  no;  Col.  C. 
then  told  him  that  a  party  had  gone  to  Scloiaer  the 
Atabt  before  and  cut  out  the  Caroline  and  deatroy- 
9*  btir ;  witne.a  aaid  then  "Your  friend  McLeod 
ia  in  our  bonee,  won't  you  oome  up  and  aee  bira  ?" 
he  bulged  to  be  exeuaed,  aa  be  was  in  a  great  bur- 
ry ;  Col.  C.  waa  ia  a  wagon ;  he  banded  witneaa 
a  piece  of  wood,  aaying  it  waa  a  piece  ef  the  Ca- 
ro!iQe,  which  witneaa  took  to  the  house  and  ctit 
from  it  a  piece ;  kept  the  piece  and  returned  the 
larger  fragment;  waa  told  it  waa  got  under  the 
"  Falla ;"  hade  the  colonel  good  by ;  from  other 
■ourcea  then  learned  during  the  day  of  the  de- 
atniction nt  the  Caroline ;  Coknel  Cameron  aerved 
with,  wttiteoa  in  France,  Spfiin  and  Portugal  under 
the  great  Doke  «f  WeUiofton  for  14  yean ;  Mo- 


Uod  waa  in  the  rottage  of  witneeo  at  the  time 
c  >ov#roation  took  place  ;  he  came  there  na  nearly 
a*  witneaa  lould  remember,  at  a  abort  time  after  7 
o'clock  on  the  night  b#fore  that  morning  ;  he  alept 
in  the  parlnr  ;  he  drank  tra  iliat  >  vcning  with  wiu 
neia'  lamily  ;  took  breatfaat  in  the  pHriornett 
morning;  McLeod  and  witneia  retired  to  bed 
nfatly  at  half  pan  \'i  o'clock ;  apent  the  evening 
nftpr  lea  in  familiar  r«inveria*ion  aft^r  takii  g  a 
luinhlfr  of  toddy  ;  Mrli^rd  had  not  left  hia  roum 
bi'fiira  wttnfaa  aaw  Col.  Came'on  n»ii  morning, 
after  returning  the  piece  of  Wood  to  Camrrun,  wit- 
nnaa  went  to  the  cott«t|c ;  at  th<«  threahold  of  the 
d<N)riaw  Mcl/Pnd  halfdretiird  in  the  room;  re- 
fieitted  to  him  the  inti'lligence  rrceived  frnm  Curr- 
eron  ;  McLeoO  aaid,  "  Voii  don't  aay  ao  ?"  Wit- 
iie**  repiif  d  ('ol.  Cameron  told  him  ao. 

Ily  the  Court— When  did  he  make  that  nnawer'' 

Juttwlqn  I  aaid  Cul.  Cnmrron  had  aaid  tlvt 
Cnniline  had  been  cut  out  and  aent  over  the 
Falla. 

tLiamination  continued— MrLcnd  then  aaid,  *'  I 
wiah  to  (}— d  I  had  been  there !"  and  McLeod 
continued,  "Where  ia  Archie?  I  want  my  horac!" 
Archie  went  ofT  to  get  the  liorxe— that  waa  a  littlo 
pnkt  riftht— he  waa  pretKcd  noi  to  think  of  goinc 
till  he  got  breakfeat,  an*'  njrri'cd  to  remnin— hodia 
remnin— he  then,  after  being  drpHipd  nnd  having 
lireRkfnat,  wunt  down  with  him  and  unw  him  get 
hia  hone  and  ride  townrdii  Chippewa— noxt  aaw 
McLeod  till  the  afternoon  of  the  2d  of  January  fol- 
lowing. 

Archibald  Momaon;  aon  of  the  laat  witneaa, 
an  intelhgcmt  looking  lad,  waa  then  aworn  and 
oxaniiaed — He  dopoaed  that  he  knew  McLeod 
— hAd  aeen  Cclonel  Duncan  ,  Cameron  aome 
timea — he  waa  in  Tororto  aa  witrcaa  h  lieved— 
waa  at  hia  father'a  gate  when  Col  Cameron  cam<» 
up,  about  8  o'clock  in  the  morning  Col  C.  told 
mo  to  tell  father  to  come  to  him.  I  went  up  to 
the  bouae;  a  gentleman  waa  with  Col  C;  they 
were  in  a  two  hone  wagon;  my  father  went  down, 
I  went  down  with  him;  heord  them  aay  that  the 
Caroline  vaa  burnt;  heard  Cul.  C.  any  that;  Mc- 
Leod waa  then  in  the  parlor  of  my  father'*  lioiiio; 
he  came  there  the  night  before,  before  tea  I  think 
— he  went  away  next  moriurg  after  hrenkfaat, 
about  8  o'clock;  he  went  away  on  huraehnck. 

Mra.  Margaret  Morrison  waa  then  examined  : 
knowa  McLeod — haa  known  for  ttix  yiart; — re- 
menibera  hearing  of  the  burning  of  the  (  uruline — 
it  WHB  ill  the  ii  orning  ahe  heard  it — then  under- 
stood that  the  boat  waa  burnt  the  night  before — 
the  iiitelligence  waa  brought  by  Coloiiel  Cameron 
— understood  that  he  brought  a  part  of  the  boat — 
aew  the  piece  that  Mr.  Morriaon  cut  off — at  the 
time  McLeod  waa  in  the  parlour — he  came  there 
the  night  before — about  aeven  n'clnck — took  tea 
there  ttiat  night — he  stayed  all  night  bec^uae  Mor- 
rison wouldn't  allow  him  to  go  away  that  night- 
Mr  MorriMn  and  McLeod  eat  up  till  peat  12  o'clock 
— witneaa  sat  up,  part  of  the  time  being  in  the 
room — McLeod  and  Mr.  Morrison  took  a  glasa  of 
toddy  together — McLeod  slept  in  the  pa  li  ur — he 
slept  on  a  "  atretcher" — (wiinesa  expluined  thiaas 
bning  a  cot,)  the  purler  waa  not  commonly  uned  sa 
a  beu-room — Mr.  McLeofl's  boot*  were  tnkoii  from 
th-  parlor,  before  be>l-time  to  be  dried  at  ihe  kitch- 
en fire— they  were  at  the  aame  pla-^e  io  the  morn- 
ing—ihev  were  then  dry — but  were  wet  the  night 
before — Mr  McLeod  did  not  leave  the  placn  that 
night  to  the  knowledge  of  witness — could  not 
have  done  without  the  knowledge  of  witness. 

BytheCourt->Saw  McLeod  for  the  laat  time 
that lught abaut twelve  o'clock;  the  "atretcher" 


fi 


18 


«fat  ma  I*  up  hnrur*  th«  yow\^  Itiliti  r»li'«>H :  tb« 
yoU'  n  lit(lia«'iiUr«ti)«h<»ut  10 o  cI«jcIi;  hw  McI.oinI 
B«X' tnornUif  ntHiiit  8  o'clock;  had  lli«iib««ii  up 
Kh«iiit  Itftif  an  liour ;  li«  w«a  iii  the  parlitr  whxii 
<.'  il,  <!iini«fon  cftinu  along  ;  Mr.  Murriion  ih«ii  t  ild 
■McI.i'imI  what  had  litip(>«ii(Ml  ntiout  ttiii  ('troliria, 
niid  IVl  'I,mi(l  Hiahvit  hw  had  h«Knthrin;  anw  IVIo 
I<eo<i  «*K  'in  >'* ^^>*'  Hl'dritMon  of  th«  miidii  day,  whvit 
tiemturofd  irom  i'hipp«wii,  on  hia  w>iy  tu  Niiigt* 
ra ;  ha  had  simnnon  ball  in  h  n  hand,  wh  ch  Wat 
Maid  Ui  huvfl  brim  find  fruin  N  ivy  l«land. 

llarri«i  AlorriM)ii,  daunhMr  of  Capt.  Morriion. 
wta  ihflii  aworii  and  oxtminvd.— la  tha  a«cona 
d«Ui|hMr  of  Capt  Mi)rrlton 

^r  Hall— 1  trii«t  .he  laarned  gentleman  would 
iet  the  lady'iell  h«r  own  atory. 

Mr  Hpftncer— Eiamine  her  yourielf,  Sir,  w- 
<inr«(itig  to  your  own  noiioiu  of^ propriety.  l'n>> 
oced. 

l!<)i.iininat.ion  reinmod  by  Spencer— Wat  at 
hoin«  III  lUJ'J— haa  known  McLuod  ttinie  a  year 
nfier  hitr  fdiher  and  htmily  came  to  thia  country — 
hea  d  of  the  affair  of  the  burning  of  the  Caroline 
on  the  morning  that  'dcLeod  WHa  there— on  the 
S'Jih  of  Deo.— h«r  father  heard  of  it  from  (.'ol  Ca- 
meron—law  McLeod  the  night  bofoieat  tea  about 
tevAii  o'clock— retired  hetween  nine  and  ten — 
McLeod  had  not  then  retired— aaw  him  the  next 
moruind  ttt  breakfdBt— he  then  lefi  the  buu<e  to 
go  tu  (Miippewa  between  nine  and  ten. 

C'roM  examined  by  Mr  Jenkina- The  family 
OKUally  retired  about  10  o'clock— McLeod  being 
there  waa  the  cauae  of  part  ot  the  family  aitting 
up  later  than  luiul— bad  heard  aome  daya  before 
of  the  Caroline  and  about  her  carrying  ammuni- 
tion— ia  aure  heard  thia  before  McLood  waa  there 
that  night— thinka  ahe  aaw  Col.  Cameron  from  her 
beu  room  ot  her  mother'a  room — knew  Col  Ca- 
meron—bad been  introduced  to  him  in  Niagara  by 
Angua  McLeod— that  waa  previoum  to  thii  lime — 
couldn't  aay  how  long  previoua  it  waa— break- 
faated  about  8  o'clock  that  morning— aaw  McLeod 
the  aame  day  in  the  afternoon  at  the  gate — he 
xhfn  had  a  cannon  ball  in  hia  hand- lie  waa  going 
to  Niagara — he  waa  at  the  houae  of  w  itneaa'a  fa- 
ther the  day  after  New  Yeire— her  brwiher  came 
home  on  the  forenoon  of  New  Yeara  day. 

By  Mr  Spencei — Mr  McLeod  waa  at  their 
bouise  on  Chrivtmaa  Eva,  and  remained  dnringtbe 
night — heard  that  the  Caroline  waa  employed  i  n 
conveying  ammunition  to  Navy  laland,  befoie  kite 
heard  of  her  deatrui.tion- heard  of  that  two  or 
ihree  daya  before — can't  aay  from  whom  ahe 
beard  thia — don't  know  what  the  converaatioa 
waa  about  between  Mr  Morriaon  and  Mr.  Mc- 
Leod ttiat  night  [recogiiizea  her  aignature  to  pre- 
vioua depoaitton.] 

Mr.  Spencer  at  thia  atage  of  the  proceeding! 
proposed  to  read  the  depoeition  of  Colonel  Came- 
roa. 

Mr.  Hall  objected  to  the  depoaition,  aa  irregular. 

Mr  Spencer  made  aome  veryaevnre  reroancaon 
the  alleged  conduct  ol  the  proaecuuon  in  rawing 
technical  and  unreaeonable  objectiona 

Mr.  Hall  charactenzet'  ttkeremarkaof  Mr.  Spen- 
cer aa  unpreciideiited  and  ungentleinanly.  Per- 
hapa  in  imputing  uuworthy  mottvea  to  the  proieca- 
ting  oflScera,  waa  owing  to  hie  feeling  of  what  be 
himaelf  would  have  done  in  aimilar  circumatancee 
(a  murmer  of  applauae,  checked  immediately  by 
the  court) 

Mr.  Spencer  then  read  the  depeaition  which  ia 
aa  followa  :— 

Depoattum  qf  Duncan  Cameron,  of  the  townahip 
of  York,  CaoiuUL— Upon  the  moroiog  after  the 


deatrufltinn  nfihe  Candine,  ah«)nt  nine  n'rhv  k  A. 
M  ,  III  v.  'iiipany  Hiih  Mr.  M  ('.  Miyaii,  the  I'rea- 
hyleriafi  Miiii»ter  of  Hi.  Thoniaa,  I  a'o|<ii(>il  at 
LieiitiMiant  Mitrraiin'a  gnie  in  Ininl  of  ntn  fmi  ««•, 
near  SiNniford,  ahdut  three  or  four  inilea  Irom  ( !hi|>- 
pe»a,  ai.d  Mr.  MorriMtn  rnm«  diiwii  t<>  tiii<  |r><i«« 
iihe'o  had  a  •  ''nvemnlion  with  him  for  ahoiit  four 
miniitoa.  I  do  not  remember  evnry  puriKiilar  »ut 
io(!t  ol  (toiiveraaiion,  tboiiuh  I  may  tiiiv<«  iiumlion- 
ed  to  him  the  deatruciitn  of  the  CaMliiif,  but  I 
0  lUlil  not  awear  that  I  d  d  no.  I  only  now  it  incnrf 
hnrthA  f'ot  of  having  held  a  coi.veraation  wuh 
Mr.  Morriaon  at  |iiat  time. 

Cniaa  *>xwmiiialion  waived. 

John  M<-L*an  aworn  —  Keaidet  in  New  Y'>rk  ci- 
ty—ia  in  the  city  of  Waahington  irore  than  liaif 
t(ia  year;  a  few  dnya  previous  to  tbe  hurmna  •> 
t'le  Caroline,  waa  at  the  American  lliiiel  in  Mitri- 
lo— there  a^w  McLeod  in  the  bar  room;  tliere 
were  a  number  nl  peraona  preaeni;  niidn  C(>nv«>r- 
aation  enaued  in  relation  to  the  Canada  troiibk*; 
McLeod  Leoame  desirous  of  rtfeattng  from  the 
room  for  safety;  wiineas  and  another  a«aiatcd  bim 
toctoao;  the  night  of  the  burnir  got  the  Caroline 
he  apeiit  in  the  quartnra  of  ("ol  Mi  Nab,  at  Chip- 
piMa;  got  there  at  about  aevei  o'clock  in  the 
evenii'g ;  di  I  not  see  Mr.  McLmd  then*.  I 
HOW  him  next  mominfr  nfter  lenving  M.^Nah'a 
quarters — he  1-ft  there  about  10  o'cIorU  in  compa- 
ny wiih  Mr.  FootA  in  a  wagon,  sni  near  the  Pa- 
vilian  Hotel  Mr.  McLeod  paaaed  witneaaon  borae- 
baik  going  towird  tue  camp 

Jasper  P.  Oilklnaon  wm  next  awom.and  depoa'd 
nat  he  haa  lived  at  Niagara  aince  March,  183(1^ 
Knew  Keyncock;  he  left  before  the  "troiibUts;" 
nedid  not  go  in  any  very  mcriuuioua  way;  he 
went  in  September  or  October;  was  of  the  force 
atChippewa;  a  volunteer;  waa  in  Chippewa  on 
the  S'Jih;  lodged  about  half  a  mile  below  8tam- 
fold,  at  a  tavern,  towarda  Niagara;  returned  to 
C'hippewa  next  morning  about  10  o'clock;  aaw  Mc- 
Leod; he  overtook  wiineas  and  a  person  who  a«- 
companied  him;  McLeod  waa  on  a  bay  horse;  it 
waa  between  Stamford  and  the  Pavilion;  when 
ttiey  got  to  Chippewa  rode  along  to  near  Captain 
Uster'a  house;  two  guna  were  fired  from  Navy 
laland  at  the  party;  witneaa  auggested  the  proprie- 
ty of  reiurninE;  in  returninc  the  lower  battery 
waa  diacharged  at  us;  one  snot  entered  the  hank 
of  the  river;  a  soldier  of  the  84(h  piched  up  the 
ball,  and  gave  it  to  McLeod;  he  took  it  home 

Thia  witnest  was  crosa-examined  at  conaidera- 
ble  length  by  Mr.  Hall,  but  his  direct  testimony 
V  as  not  shaken  in  any  particular,  and  the  court 
adjourned  till  next  morning. 

Saturday,  Oct  9 

The  Court  met  at  8  o'clock,  and  Mr.  Spencer, 
in  continuation  of  the  teatimony  for  the  prisoner, 
stated  to  the  court  that  he  would  now  offer,  if  he 
had  not  dune  ao  before,  parole  evidence  in  addi- 
tion to  the  document*  nr,  parole  evidence  to  ahow 
the  atate  of  affaire  on  the  border  about  the  time 
of  the  event  upon  which  thia  nr^'^cution  waa 
founded     He  then  called  to  the  atand 

Jared  Stocking,  who  depoaed— I  am  brother  to 
Samuel  Stocking,  of  thia  city.  I  reside  at  Niaga- 
ra, U.  C.  In  December,  1837, 1  waa  stationed  at 
Chippewa,  and  commanded  a  regiment  of  dra- 

foona.  I  waa  there  on  the  29th  ot  that  month. — 
know  the  witneaa  Paeaae,  He  reaii^  opposite 
to  me.  I  aaw  him  at  Chippewa  the  29i,h  Deo., 
1837.  He  dined  with  me  that  day,  and  I  spent 
the  afternoon  with  him.  It  was  his  first  appear- 
ance at  Chippewa.  I  knew  Mr.  Reyncock.  He 
wai  my  neigbbwr.    He  was  •  custom  house  ofll- 


e»r,  nntl  I  nftan  •niflrtd  foodaat  hU  «>flfli'«.  I  •!■ 
•  V  Hliitirof  Imi,  niiU  koow  th«t  h«  Ull  (<in«il« 
iM'tirti  ihnhr«iihinil  out  of  iha  uoublM.  I  tbiiik 
K  <■  It*  III  ih«  •UHimar 

Mr  Hr>«ii««r  hwr*  roM  And  itM,  th«t  th«  <'oiirt 
h<tvii)K  i*irludi<(l  th«  tMliiO'diy  Aral  nnt|Mi««<l  un 
Ihr  •'|iwiiiiig  oi  Mm  ilf«l'«M-«— itml  ot  h  iiaiioiitl 
rtitraciar — n  id  t)i«rrb/ ciMiHiixi  thm  i\» la  vn  tu 
tfltttuKifiy  boariiif  iiiioii  ilia  otlitir  hr«nrtt  of  (ho 
il«l<  iu*«t— U)  wt',  thn  aliitrikcfl  tif  Mi'L"<m1  from 
piri'dipiiiiiii  in  l(i««  liaa'ruction  of  th<i  (Inntlmtf, 
iliM  •' jurii«t|  f»r  ihfl  d  fcnrn  dad  now  brmiglit  tnt- 
fi>rf>  'ti«  (Aiiirt  and  jury  all  thA  «vidriii:a  (ti>  y  bad 
141  iitr«tr  in  ibat  b«»liall,  and  uuw  cluaad  ibtir  (vaU* 
rooity  »iid  rraied. 

FROSECUriON  RESUMED. 

Mr.  Hall  hers  ntl'Mrnd  In  i^aniuoiiy  the  anrolU 
mfiii  and  linoiia*  uiidi>r  wh  ch  lh«  Carolina  ran, 
bifbilHted  lat  Dio.  1837  Ila  t^iaii  ulFered  lu 
rvail  )boimt«iDan(  made  by  ilifl  priaunar,  furmtl- 
iy,  iteluro  JumIu-n  KoII,  kinuad  by  bun,  in  Mia  pra* 
arnica  of  hi*  couii««l  Mr.  Hradly,  duly  au'bttntica- 
tcd  by  tha  Juilira.  No  ubjaoiion  baing  roada,  tho 
auioinant  waa  rend.  It  wh  in  lubttanoa  'hat  ha 
want  with  Capt  Uraham  round  Navy  Island,  to 
look  nut  fur  tb«  Carolina,  nn  tha  allcrnoon  of  tha 
2SUi  l)«v.  lb3S.  Thvn  lainrntd  to  Uavia'a  tavern 
went  lo  bad  and  ramaincd  thara  till  7  f>r  8  o'clock 
in  the  rvaning,  and  about  8  o'clock  latt  on  horaa> 
back  fur  Niagtrm 

'I'bat  ha  rode  to  Capt.  Moriiion'a  that  evening, 
atopood  thara  that  niRht,  go  ng  to  bad  about  11 
o'clock,  and  remained  tbara  till  afiar  braakfaat 
nexi  morning.  Before  ha  lait  ('apt  Mirriaon  cam* 
to  bim  in  th«  houaa.  and  informed  him  that  Col. 
Camoion  had  called  and  told  him  that  thay  had 
destroyed  a  atcamboat  tha  praviuuH  niitht.  At  tha 
Pavilion  Hotel  he  ovaituok  a  pernon  whom  be  na< 
nied,  who  iotbrmed  him  of  the  particular*  of  the 
deatruction  of  the  aleamboat  Caroline.  H«  then 
rode  on  to  Ctiippewa,  arrivuig  tbara  between  9 
and  10  A.  M. 

Mr.  Hall  than  r^ad  the  teatimony  of  Capt.  Mor- 
riaaon,  and  hia  aon  Archibald,  taken  by  Juttice 
Bell,  in  behalf  of  MuLaod,  dated  14th  Nov.  1840, 
at  Liiwiiiton. 

Mr.  H.  then  read  the  teatimony  taken  before 
Juatice  Bowen,  of  Niagara  county,  regularly  au- 
thenticatad.  'I'na  dates  of  theae  ditoumenta  were 
the  17th  and  34tb  Dec.  1810.  The  first  document 
waa  the  exainiuation  of  ihe  pnaoner,  stating 
that  on  the  evening  preceding  the  Chriatmaa 
before  the  burning  of  the  Caroline,  he  was 
at  B  >ffalo,  and  ihere  be  learne«i  that  the 
Caroline  was  fitting  out  to  run  to  Chippewa.  The 
next  day  he  rrtiimed  to  Chippewa,  and  on  arriving 
at  me  Pavillion  Hoi«l  at  Niagara  Falls,  he  was 
there  told  the  same  thing.  On  arriving  at  Chippe* 
wa  ha  informed  Col.  McNab  of  what  be  bad  h^ard. 
Ou  the  laorning  of  the  28th  he  and  Capt.  Graham, 
in  a  boat  with  8  sailors,  went  round  Navy  Island, 
to  see  if  they  could  see  anything  ot  the  Caroline. 
They  did  nut  discover  her,  but  in  the  afternoon 
he  saw  her  running'  between  Schlosaer  and  Navv 
Island,  fieinff  somewhat  unwell  he  went  to  bed, 
got  up  about  7  o'clock  in  the  evening,  and  rode  to 
Capt  Morrison's  where  he  spent  trie  night.  The 
next  morning  he  was  told  by  Captain  lUorrison 
that  Col.  Cameron  had  just  informed  him  that  the 
CaroliDO  was  burned  ihe  preceding  nigat.  He 
slept  alone  at  Morriaon'a.  He  had  never  told  any 
person  he  va*  at  the  burning  of  the  Caroline,  nor 
did  he  ever  exhibit  to  any  person  a  pik|ol  with 
blood  on  It. 

The  next  dooamant  wu  the  tcitiiiionj  of  Mn 


Mo -risen,  timilar,  In  sabalanra  to  the  evidenre 
she  lavp  Uai  evunini ;  and  in  «<M<Iiihi,  that  h«r 
dangh<«r  tUI  n  had  rivi>d  with  M  L«<hI,  r>iit  wns 
a«var  married  to  liim.  Hhe  <«aa  howsvei  mtriied 
afterward*  u>  another  man. 

Tb*  next  «loruiu«iit  waa  the  rviilenoa  of  I'elen 
Morriton,  wlio  testified  that  M<'L»od  waa  at  her 
f  •ihar'«  liiiu««  on  th«  iiiglit  the  ('nrolnie  wa*  bum* 
tit,  and  aiiM  lieiird  her  failiar  toll  Iniii  ii»it  in  ruing 
of  ih>«  huriiiiif  of  tUe  Curolwie  flu  wu*  tola  <ii  i. 
Ill  tliii  ptiliir  litf  tre  h«  'Mt«  wholly  ilrc««nil  He 
|i>ft  tlio  hoii«e  about  lU  A.  M.  M<'L«(hI  alfpttliMrw 
Ml  t.'hriaimas  night,  and  had  frc(|iienily  slept 
Ihere. 

Mr.  Hall  then  prupoaad  to  put  In  evidence  in- 
dictmenu  aifointt  several  of  tho  witoesaea  fur  the 
diifen(;e,  a<  p<iitiuipanta  in  (ha  burning  of  the  Caro- 
lina ;  but  tue  court  deemed  such  evideme  toad- 
loinsabU. 

Mr.  Hall  thatl  propoeed  to  read  the  depoaiilon 
of  Kutatil  luglla,  tak«n  uridi>r  rommiaaion,  whirli 
the  couiiael  tor  the  priaonor  had  declined  ui  rfad. 

Mr.  Hpeni^er  ohj«ct«d,  but  the  court  admittud 
it,  and  it  waa  read 

Kusifill  Inglis,  barkeeper  of  tho  North  Amnr'ran 
IltHul  ttt  Tiiritnt'i,  lit  tu4  uudtir  uAh  that  he  knoWN 
Alex>tnder  McLo  d,  mill  U<  was  at  tlut  ILito  on 
the  lilit  Doconber,  lSIi7, in compiny  with levinl 
gout  oiiioii  and  ofliuors. 

Mr.  Hall  then  called  to  the  atand 

Kev.  John  Mar«h,  who  tcatilied  a«  follow*: — 
I  am  a  minister  of  the  gospel  of  the  Mvihodiat  |  er- 
Buaaion.  I  was  a(>r|iiainted  with  the  witness  8um- 
uel  Drown  for  4  yoaia  in  Canada,  and  never  honrd 
aught  againat  his  character,  nor  any  thing  to  dia* 
credit  his  veracity. 

Cross  examinoJ.  I  was  intimately  acquainted 
with  Drown,  and  for  a  year,  while  Drown  lived  at 
8r.  Catharine's,  I  waa  in  tho  habit  of  d-tily  inter- 
course  with  him.  He  was  in  ttio  employ  of  my 
brother  and  myself  part  of  the  time.  I  never 
heard  his  character  questioned. 

Piatt  Mmiih  was  then  culled  and  sworn  for  the 

frosecution  — I  reside  in  Ljckpori;  in  December. 
837, 1  waa  in  Canada,  at  Chippewa  the  ma«t  of 
the  time;  I  rocollecr  the  occurrence  of  the  burn- 
log  of  the  Caroline. 

Mr.  Spencer  interrupted  the  witness,  and  in- 
quired of  counsel  what  they  intended  to  prove  by 
taia  witnesa 

Mr.  Hawley  replied  that  he  intended  by  this 
witness  ti rebut  the  evdence  given  on  the  pirt  of 
the  defence  as  to  the  ahbi,  and  to  prove  that  on 
the  night  of  the  burning  of  the  Caroline  McLrad 
was  at  Chipprtwa,  and  nut  at  Morrison's.  Als.),to 
sustain  the  witness  named  Drown,  whoae  testi* 
mony  it  had  boon  attempted  to  impeach. 

Mr.  Spencer  danied  the  right  of  the  proaeou 
tion,  after  resting  its  testimony  to  ofier  accumula- 
tive evidence,  and  on  this  point  un  argument  of 
considerable  length  ensued,  in  whinh  tha  counse 
for  the  prisoner  quotod  fram  24ib  of  Common  Law 
KeporU,  Rex  vs  Hildreth,  22d  Wendell  225  ;  2d, 
Carrington  &  Paine,  415  ;  and  1  do  219;  and  Mr. 
HawlAv,  for  the  prosecution  read  from  Cowan  &. 
H II,  735,  several  pages  in  which  various  other 
authorities  were  quoted  austaining  the  right  of  the 
prosecution  to  the  evidence  proposed. 

The  reault  was  a  decision  of  the  Coort  against 
admitting  the  tostim  my  proposed. 

Satokoat,  half  past  12  o'clock. 

The  court  remarked  that  in  reply  to  an  argo- 
meat  offered  by  the  last  speaker,  the  court  must 
aay  that  it  was  bound  to  exclude  and  bad  exclu- 
ded, all  consideration  aa  to  what  iiapressi(»n  its 


II 


!l 


d4»ri»ion«  mifht  mak«  In  tny  p'>rtinn  of  th«  pnbltn 
iniixl.  Tliw  roiirt  WM  lo  «l#rMlo  «i  cording  !<•  Uw, 
•ti«l  wliitlly  irrr*|i«>fiiv«  uf  ih«  opinN»n  of  Miy  — 
'I'liw  (uiiri  ««N  Mirry  Omtriiky  •tirhimi*iitiitio»a  m 
ihiiM'*  now  •livt'iluil  and  rcpiKlitleil  bad  b«ao 
ma<t»'.  ,    , 

Tli«  f  umirmiim  of  Hmilh  w««  now  procMclojl 
wktii.  Krit'w  Drown;  WM  iitNintirif  hia  (wttiiraa') 
!.M»h«»r  wfirii  Drown  waa  wjili  him  w..e  rdUH  up 
hy  Uinwn  Id  Hot  iniilriiiiiit  of  ih«  hnrninf  of  ilia 
Carolino.  (  I  Im  alUirmy  (»i  n*  ral  than  pro(M»»»i«l 
III  piovi'l»yi Ilia  wiihcea  ilm>  ha  ♦ventwllh  l)t  wn, 
An  aooM  lorkinlthth  ttifl  initli  ol  Dnwn'a  tt^MJ 
niony.  Mr.  Hpi-iic^r  ohjcrtt'd,  and  cited  from 'iaU 
Wflndall't,  l>»«  (Imiii'iit  of  tlia  Hupariur  Court  on 
n  ainiiliir  qiiflaiion  Mr.  Hall  rapliad.  il«  h«l<l 
that  whaiavw  threw  light  on  th«  truth  and  vara- 
niy  of  the  witneia  Drown  waa  •videnm.  Tha 
QOiirt.— 'rh«>n  you  nimrtilon  tha  point  aa  Ui  Drown'* 
•leolara'iotif.  Mr.  Hall.— Yaa,  at  pratant,  but 
not  h«ro<ifiar.    'Iho  court  eiclud#d  tha aviiianct.j 

Crota  nxnmination  r«»uiiie<l-^Never  haard  any- 
thing uR'iiiiat  D'owu'a  varacily— heaxd  tlio  titati- 
BMiiiy  Ol  Cnpt  Hcara— wna  at  the  bcwon  light  be- 
tween 1'.^  uiiil  1  o'clock— ihore  might  have  been 
four  IdiniH  that  cm\t>  up  together,  but  thinka  thtra 
wcrii  only  t<ireo— one  fell  below  tha  cut,  and 
might  have  went  into  the  nmuih  of  the  C^hippewa 
cr«ck— lie  did  not  lee  it  come  in— periona  were 
continually  pnwinK  and  repaaaing  along  the  ahoro 
— Mome  gave  the  c(>untoraign,Hnd  a  good  nany  did 
not— found  nodifllcnliy  in  guing  to  the  beacna 
light— hud  the  coiiiitfriign,  hut  forgot  it  before  ht 
got  to  the  tttUincU—llua  occuried  about  on* 
o'clock. 

Can  yoti  aay  whether,  from  anvthirg  you 
know,  that  Alexander  Mclieod  could  not  have 
been  at  Mr.  Murri«on'H  at  Siumford  that  ni^ht,  be- 
tween 1  and  2  o'clock  that  morning? 

Mr.  Spencer  obj  acted. 

Mr.  11x11  waaattouiahed  that  at  that  atage  of  the 
trial  a  rigoroua  rule  had  been  inaiatod  on  after 
■uchahberitlityhnd  been  rnanifeated  all  along  in 
favor  ol  the  prlnoner.  He  truotad  the  court  would 
at  once  decide  that  the  qoeation  waa  proper. 

The  Clourt  had  already  deluded  on  aufficient 
groundi  qiiestioni  going  to  elicit  the  anawer  now 
•ought— Ihia  evidence  wna  in  chief  and  not  in  te- 
ply,  and  of  couritewaa  inadmiiaible.  The  Court 
then  put  the  qiteation  thuH :— If  you  can  atate  that 
McLeud  waH  not  there  for  any  other  reaaon  than 
that  he  waa  at  Chippewa,  you  may  anawer— if 
not,  you  cannot  anawer.  The  court  then  a(i|joura- 
ed  fur  dinner. 

TRIAL  RESUMED. 

Satukdat,  2  o'clock  P.  M. 

Tha  examination  of  Piatt  Smith  waa  continued 
by  Mr.  Htll,  who  aaked  the  witneaa  if  any  delay 
bad  occurred  at  the  diaembarkation? 

iMr.  Spencer  objected. 
Ir.  Hall— I  only  intend  itqwaching  theevi- 
dence  of  Seats. 

Mr.  Spencer — Go  on  then.J 

WitU'  ta— There  waa  a  delay  only  of  a  very  few 
minutes,  afterwards  fell  in  wi.b  this  party;  they 
■lopped  at  Davia'a  houie,  and  tome  one  eaked  if 
they  ahould  wait  for  the  other*;  they  did  not  wait; 
witaeas  waa  there  aa  long  aa  they  atood  there; 
whilst  witnet  a  waa  there  the  party  from  ttie  other 
boats  did  not  come  up. 

Mr.  Hall  then  dealred  to  aaceitain  from  the  wit- 
neia  where  the  pri'oner  waa  in  the  morning. 

Mr.  Spencer— Where  do  you  propoae  to  ahow 
kewM. 


Mr.  HaU>-At  Chipnewa. 

Th««<:o«irt-WhfnT 

Mr  Hali— A;  sunrise;  it  is  not  at  all  euuulative 
eviilAnce. 

'I'ti*  I'ourt-It  is  still  evhianre  ol  tbe  same  do* 
a''rip  ion,  connecting  the  priauntr  wiib  tha  traiia- 
ariiou. 

Mr.  Hall— Not  ndependcntly  of  the  oUter  cvU 
deo'-a. 

Tha  Court  dacif/i>d  the  evidence  waa  inadmital. 
bit.  The  rule  waa  laid  down  in  a  late  <  luo  of 
Niii  J'nui,  Mt'liMlalo,  Judge,  the  deiimon  In 
whi<'h  I  he  (Joitrt  tlion  read. 

Mr  llnll  then  proiHMrd  to  aak  the  witneaa;— 
Uo  yi.u  know  any  place  whom  McLeod  w««  met 
hoiMoeii  I  mid  U  o'clock,  on  the  muriiing  uf  the 
SOtn  Deo ,  1837? 

The  Court  remarked  that  that  waa  aubatantial* 
ly  the  aame  quesiiun  aa  before,  and.  iheiafore,  to- 
admiasibln. 

Mr  Hall  then  proposed  to  ask.— Do  you  know 
that  McLeod  was  not  ot  Morriaon's'at  0  o'clock, 
on  the  morning  after  the  destruction  of  the  Caro- 
line I 

Tha  ('ourt  observed  that,  aa  Intended  to  be, 
the  fAct  elicited  came  within  the  rule,  ii  was  nut 
to  bo  got  in  any  aiich  ingenioua  way  aa  that. 

Mr.  Htll  would  then  aatc— Did  you  «o«  ihe  pri- 
aoner  aa  late  as  10  o'clock  at  Chippewa,  or  any 
other  place? 

The  Court  denied  that  thia  question  might  be 
put,  as  none  of  iho  evidence  fixed  the  tirue  of  Mc- 
Leoil'a  arrival  at  Chippewa,  uur  where  he  waa  at 
10  o'clock. 

The  witness  then  replied  that  he  did,  about  10 
o'clock,  see  MoLeod  go  from  Davis'  across  th« 
bridge  down  the  Chinpewa;  there  might  have 
been  one  person  with  McLeoil;  ho  was  going  from 
the  quarters  of  Col.  M<:Nab;  saw  him  on  thu  Sun- 
day following;  then  saw  him  very  near  the  guard- 
house,  three  quarters  of  a  mile  above;  it  was  about 
11;  I  did  not  know  who  were  with  McLeort:  connoC 
aay  whether  it  was  Mr.  Gilkinaon — did  not  recol- 
lect seeing  Mrlieod  after  tliat— one  of  the  persona 
was  spoken  of  as  being  McNab — it  wa<  nut  he — 
it  was  a  stranger  to  witness— he  rode  on  a  white 
horse. 

John  C.  Davifl  waa  then  sworn,  and  deposed 
that  he  residen  at  Chippewa — is  the  proprif  tor  of 
"  Davia'  tavern"  there-  waa  there  when  tl^e  Car- 
oline was  burnt— recollects  ihat  t'.oio — was  ihen 
at  home— reaullecta  diatinctly  the  transaction — 
knows  the  prisoner  at  the  bar— he  usually  stopped 
at  witneaa'  huuse  when  in  Chippewa. 

Mr.  Hall  then  proposed  to  ask  the  witness— 
"  Did  you  on  the  following  morning  aee  the  pria- 
oner? 

Mr.  Spnnoer  objected,  and  the  Coiut  excluded 
the  queation. 

Witness  retired  to  bed  after  twelve  o'clock- 
was  at  the  upper  end  of  the  cut  wlien  the  expedi- 
tion was  returning- avoided  seeing  the  party- 
went  home— went  into  the  kitchen — couldn't  aiy 
that  he  retired  to  bed  before  or  after  the  party  re- 
turned—done 80  ahortly  after  bia  return— didn't 
see  Mr.  Sears  at  all  after  he  returned — is  confident 
of  that— a  number  of  the  officers  staid  at  witness'a 
house — witness's  room  was  immediately  adjoining 
the  officers'  room—  and  could  haar  in  it  the  voicea 
of  persona  in  the  room— officers  were  there  that 
nigbt— imsgined  that  he  recognized  voices  there 
that  night— it  waa  too  nice  a  psint  to  come  up  lo 
to  say  positively  about  that— there  waa  a  good 
deal  of  load  talking  there— did  not  aee  any  of  tba 
party  that  night  driiUuqg  MOipt  «a«— thera  vim 


71 


ti 


luUUv* 

lama  do* 
>•  traiw- 


rut*  of 
cimofi  in 


•f>«r«*,  ia- 


•  hffil  tfxili  mil  of  liU  hoM*  iliAt  nlghl.  arui  th»r« 
lOOi*  Ulk  fthoui  thai  — wiiki><l  ab<>ui  •uiui*«— H«* 
Aif*  h«>  fot  otti  of  KmI  ••«*  lofn*  |>«rM»ti.    H  buf 

Mr.  M|»«rir«r  otijrrlctj. 

'I  Im  « 'iHirt  ovrrrulttl  llt«  qiisvlwkO  fi^r  lh«  rtt 
•oni  alrvixly  atKird. 

Ihll '  l)j  V"ti  know  Mr  i'«rkt»? 

ttprntMrr  oh^tcuni. 

'I  ho  Coun  N(iiniti««l  th«  (]«i««iion. 

W<uifl*a — 'I'tin  priaoiier  Mrvnt  ti>  h«<{  in  my  honin 
thm  nl'irrrMMm— *\«  got  up  in  ili«  »vi>nin|  -rt«v 
him  kboiii  8  or  U  o'l  li>ck— he  nnlortd  In*  ht>r*« 
than  and  naid  h«  wna  gmrg  lo  Ning^rn— n  gfiitlf. 
man  rnino  in  aud  ••kf'd  fur  him  afiaiMrard*— ii  was 
Mr.  ¥rt»». 

Philii  Hmith  wia  th»n  c%l!ad  trd  aworn— M.i 
d«pw«<d   ilut   ))•  r«»i(!ed  at  CtiipiMwii  w'i«ii  ilKi 

Cnroliitn  waa  hiirnt— i llocU  ilm'  <n  4-urrniH'i*  - 

WB«  tticra  part  of  tha  iioit  lUy-vvMH  ihrrM  ii)»jiit 
8  ii'cio)  k  the  ixtit  rfny— knew  Mi'IahhI  w»II. 

Mr.  ^<|>^n^•«»|  — ^rtiai  dn  y,)ii  pnriiimt  to  doT 

Mr  Jrnkiiu— Dueaituit  como  wiihiii  Ui«  rul«7 

'r>i«<;oiirt— Yaa. 

Mr  Jt'iikiiii  ■■iintiniiffd— Ar«  you  ari|iiaint««l 
wl'li  Kamual  I>r«)wn7  Yna  Wliai'a  In*  •liurac- 
tar  for  vrranity?    Navwr  ti«ard  i'  untitltwil. 

Mr.  Mprncur — Did  JKowm  run  away?  VV«|l,no 
Ibniiava  not.  Ilowr  did  tie  |«t  away?  On  ar- 
count  of  aume  mob  or  uthft  !>■>  yon  u  *!oiik  to  a 
••crat  loifg*-?  No.  Kvar  did  ?  Wrll,  I  onuo  at- 
tended oiii)  two  yaara  ogo.  Thnt'a  all,  a  r 
'*J»mfa  H.  ))vka  aAorn— I  rciida  at  Ningnm 
Fallaon  the  Amrrictn  aid^,  and  know  the  pri^in- 
er;  did  not  »««  hiia  on  the  'Mih  of  Oct; ;  anw  him 
the  morniog  aOmr  the  patiiotA  left  the  lalaiid;  aaw 
hiin  in  Htaniioid;  he  waa  hitchmg  a  horne  before 

•  wagon;  didn't  know  wlitt  hurae;  uau  t  aay  it 
waa  tnpt.  MurriMn'a. 

The  Court  aaid  it  did  not  R»e  how  the  Attorney 
General  could  go  on  to  contradict  the  atttementof 
the  priaoner  whiuh  he  (the  AUu'oey  Ganeral)  had 
himaelf  put  in. 

The  wiinota  th<>n  proceoiJed  in  reply  to  interrn- 
gau>ri«i — told  Mc.Leud  the  fun  waa  ov«r — that  the 
pntrioU  had  left  the  island. 

Timothy  Whnaton  waa  then  cnllod  and  a  worn, 
the  ciiuniul  for  t^e  priionnr  having  stat<>d  hia  ob- 
jortion  t  o  hia  evidence,  ino«miirh  a«  he  waa  one 
uf  the  witneaHea  called  before  the  pro<«4  iuir)n 
lea'ed  and  did  not  appear,  nod  there  wim  no  provi* 
aion  tliat  hia  testimony  ahould  b«  admiiiod  at  aiiy 
aubaequent  period  of  the  trial. 

The  Mitneaa  demmed  that  he  reaided  in  Cana<la 
in  '38— recoUecta  being  then  in  the  town  of  Nmg- 
•ra— aaw  the  priaoner  there — convened  with  him 
•-was  standing  near  the  ferry,  paa«ed  the  time  of 
day  with  Mcleod,  and  aaid  thnt  "  the  pmtr  fellowa 
(mtaning  the  aentinelt)  had  a  hard  time  of  it"— 
conversed  about  the  difBcultiea  in  Caimda  bvfurn 
thnt,  and  then  naked  hiiii  how  mtny  of  the  Navy 
Inlanders  had  neen  killed  on  tho  Canada  thore — 
he  replied  two,  if  wilneaa  rightly  remembered — 
then  conversed  of  the  memt>er8  on  the  Island — 
didn't  know  that  he  aaid  how  many  were  there — 
but  he  said  ihey  never  would  have  the  Caroline  to 
•aaiat  them  again  if  they  got  on  to  the  Island — 
witneaa  then  soid  he  understood  she  had  been  de* 
•troyed,  and  the  priaoner  aaid  she  hid — he  aaid  he 
waa  th«t  aecnnd  or  third  man  tbat  boarded  her — he 
waa  going  on  to  say  that  be  came  n«ar  beina  kill- 
ed — iiipn  some  man  came  up,  and  McLeod  wit- 
ness thinka  said,  ''Hold  on  a  moment,  Herron  1" — 
that'a  alt  the  conversation  had  with  McLeod,  fir 
heatarted  ufT  then— bad  never  aeen  Mcleod  bo- 
ipre— lived  then  at  Wnitby  aliout  65  mdea  fhmi 


fliaffara. 

Wm  DtflaM  wna  ih«n  swnrn  and  aramlnad  — 
lled«B«He«l  ttiat  he  knaw  4  apt  Mo'riioo.  Iiad 
tMrn  inrae  liroa*  at  hu  h»ii>f>,  fsw  htm  oitra  at 
l.'Hislun  III  i>ov*ro^»«>r,  INlii,  Mh>  n  h»  ami  h  «  la 
mily  «*«<>••  rianil'  «•'!  bnftira  Mr.  lUli;  in  H  pi«m- 
hrr,  tHSU,  h«ard  himvay  iiia*  ^e  li>i|Md  ih«  Aniar.- 
run  aUlliuriliaa  wmi  d  n*l  Mrf.'od  uml  piinith  hilM 
lor  ptrti>''|t«n<>y  in  hiimiii«  iha  (aroiit* ;  b««ril 
him  *ay  Ibesnrne  tliii>g  at  hi*  >i«ii  hoiur;  \\f  rt-n 
sun  that  <'npi.  Mo-rwon  a»aiKi><>d  ifK  >o  >iiyi"g 
was  that  MuLaiMi  hid  »aiti|.)«u  his  daiighlar  istiu 
«ra«  married  In  a  Mr  'I'aylor. 

MrHtl  then  callo  U4niel  list'er, 'fhimaa 
Karimng  andtHieur  t^  j others,  tiui  Uiay  liid  ivit 
appear. 

JotinC  Hhuhhrirk  wa«  thru  railed  toritie  pur- 
poatfof  pniving  ihs  ih)<ru  wn«  ho  rir«-nriiM  «mi 
Ixmrd  tlui  (uroliiiM  i  nd  lo  iniifu'h  tli«  evKlriue 
of  ihe  priauiier'a  «v  lri««s>  *,  who  swore  to  ttin  con- 
trary. 

t'liiirt— It  iaalrjady  p'oved  that  ihay  w^n  nn 
armed.     Mr.  H|Htnrer,  1 1  it  pnrt  »f  your  tasi'  Ihui 
tha  Httackitig  party  w(«rv  lind  on! 

Mr.  8poiicer— No,  your  hoiuf,  I  ohjert  however 
in  addition  lliat  thu  is  ntuiiiltt'ivn  (ividi-nre  -- 
Thntr  aiteropt  now  t4i  prodniM  imw  »<vidi-iii'«i - 
'I'he  learnita  gentlt  nuto  (MiiUimfd  'hnt  thn  <'is«< 
fur  liin  prosecution  hbd  hmju  shruudtd  in  gtuwiu 
conirary  to  all  preredrnt. 

Mr.  J«nkins-L)id  the  lesni«d  gentleman  not 
give  the  F<<lllor  of  the  "  Otmervcr"  a  lut  uf  lliu 
witnesses  fir  tlie  pniseciitionf 

Mr.  Hpeocer— 1  liwk  the  nimns  in  pen(*il  as 
they  were  lallod  by  the  cl»-rk  on  ihe  first  day  ? 

Mr.  Hall  conlend<'d  thnt  it  would  not  tiave  bceu 

tnident  at  one  time  to  disdoae  the  wiinessaa. 
tut  aubstf|uentlf  in  the  apirit  of  liberality,  the 
names  weie  given  in  exchange  for  those  id'  the 
prisoner's  witnvases.  And  it  was  eitrao'dmary 
thiit  a  counsel,  after  entrapping  him  (Mr.  halit 
should  discover  so  liule  of  the  generosity  aud  mag- 
nanimity cona.iiuting  a  gentleman. 

Mr  Hpencer  said  iliiiMr.  Wnod  give  merely 
names  without  riaulences  as  sut>j«rik  ul  iheir  t«t»- 
timouy,  find  very  lew  of  ihein  hud  been  produced 
on  ihe  trial. 

The  Court  hoped  the  B<'erhitit>s  ext>ihited  by 
gentlemen  would  all  be  sni<M>ilied  down  tcloiu 
nnuihur  week,  and  wished  to  know  Mr.  Hull  •  ol>- 
ject  in  producing  tbiawiliiesa. 

Mr  Hall-— I'u  prov*  the  fact  of  their  being  un- 
formed on  bjard  tb«  Cafuline. 

'i'iie  Court  exciudad  the  evident  •  as  cumula- 
tive. 

Mr.  Snencer  here  read  the  deposition  of  the  wit- 
ness DeHel',  taken  before  the  Justice.  In  this  do- 
cument iietifild  stilted  that  he  had  never  convt>ra- 
ed  with  Capiain  Morruun  on  the  sutiject  of  the  de- 
struction ot  the  Caroline  till  the  eveuii  g  before 
the  deposition  waa  taken  ;  and  that  flSornaon  siid 
he  was  not  certain  that  McLeod  waa  at  tua  house 
the  night  the  Carolino  was  burnt. 

Dr.  ilamilton  was  then  called  by  Mr.  Spencer, 
and  being  awom  deposed — that  he  had  knowa 
Defieid  atnce  he  wan  a  boy  ;  hta  reputation  was 
not  good ;  witness  is  a  citizen  of  the  samu  village 
with  Uefield  ;  witness  kuows  Captsia  Morrison 
his  repuia'iun  is  good. 

By  the  cuurt.— Is  sufEeiently  acquainted  With 
the  persons  associating  with  Capt.  Morrison  so  as 
know  his  repntatioo  aiid  standing. 

Dcfield  was  a  serjeant  in  the  miliria;  he 
waa  not  appointed  as  u  lieutenant;  saw  him 
on  du'y  as  bargeant  b«fore  he  deserted  to  Navy 


fa*«ft  I— know*  )h*t  ttf.m  •fHiUviii  -n-x  f,nm  p«f  • 

IiIM—  «|tr  •••!  la  M  M«>*l|«r  <•(  ill*  til*  >li>Tlfl^  ll«m- 

I'Infi  i>ria»ri«r  WN*  hi*  tiapiily-  «i  I'*  ii>*«  know 
)i*  pim  nor  U  llibln  )•>  aityrUil  urfimln*! 
«r*>Miig  'Hit  of  ih*!  rnopriiiM.  I)<l  >i  >i 
Hfiiiw  niivili  I'j  •  fill*  |ifn«»ti»r'»  h»'i>i  r«i|»»«l 
oa  by  ^'t^rir  ll«milii«n  i»  <ll««>'(i««  cimiiihioii 
Willi  'h"  it  •ofT'ioml  |>nrty  I"  ('aiitiU 

Ity  Mr.  >t|M>ti  iif-  I  Kill  pr#*i<'r<ni  nf  •  K«t  k.  •ml 
in  ifiN' wny  ii'K'itini**'!  lillU  for  <'•(*•  Mirtioiii  - 
(J«|>l.  IHorMt'in  hii«  )i«*ii  p^rfvily  ii^bor  »iii<*  li« 
WM«  «t  |#«»i«i'>n  «••  4»l(nr>*~  li"  wa*  iiii))ii«'«i»<l 
then— bs»  iiot  h««a  til  MiicM  lu  wilnoit'a  bnoMr- 

J>ihn  M> Cirnh^r  w«a  Mirn  rullpt)  Ky  Mr.  lliill, 
unit  «lr|Mi*«H  »ImI  Iii>  Iiii^w  NaifiiiMl  l;r'Wii--h« 
haa  KM  iinrii'r|iii>iii«tt|«  ohnmrwr  litr  tiut'i  ai.U 
vamrity. 

J..««nih  Cfnut  w««  t't»n  r«M»«MH  r  ii*  «li'po«#<l  — 
%vii«  ih«  acKiit  who  ii'*«'imI»i{  th*>  >  •»«'iit>oii  uf  Um 

<  !«iin<tiit'i  ('<>nimi«»ioii«'r« — was  puitwiit  at  *h* 
mkiiiK  of  lliirr  n'  «iviili'iirf>  -ha  wok  |irufnpl*<l  by 
ibn  t;<iii)iiiiN(i'>nrr>~<!ii1it'(  rrcollitr.l  mom  thiin 
oiia  iii«'an(«— ibnt  wiin  hi  rrfcrwnvKtixbi*  niiinbT 
i>(  iirrw>nt  on  t\w  b<iiit. — mil  dim  uf  ih«  (.'"inniia- 
Ntiiiiiira  itniixt  on  thai  (mint  wIihI  bii<l  b*>«n  *tiii««l 
hy  i\  forinrr  witno«ii-  no  <br«»rl  ralvi<*nre  waa 
niailo,  howxvor -tlin  t\tn>uv*u\imf>Tt  rpfu«r>(l  t'l 
rn'  (•  i\  twn  tlm  wiiiiPta'a  aii*w«r  lo  ihn  13  b  <'fo>a 
inrcnoKniorv— aa  to  vtluit  part  b(«  hi«l  taken  in 
ihn  ilfftiriiPkion  of  the  <  nrolin*— ha  amiJ  b"  wn4 
rb«  Inat  mm  lf*ft  Ikt — 'bat  b«  ■i<*t  her  on  (iro — 
lb 'owing  two  "r<i<hiu«»"  into  her — lb«  wunnta 
rr*i|i.|>il  lo  bavt  hit  lirat  anavvor  TwnrtM,  ai  'I  iba 

<  oniiniK«ii>iii>ra  reCniioil  lo  put  it  in  ibrir  inti.ut'-a. 

Mr  ilall  tbi^n  prMp<iMeJ  to  thaw  by  ihi«  wniiflta 
that  tbf*  <'<>n<lt)ct  of  ibc  CornmiaaioiiurM  bad  b«ou 
irfKiilxr  in  noma  {lointa 

'I'ba  ("oufi  «ai<l  it' no  Mr.  Mall  ooubl  tak«  niattar 
h»foM  tbi»  Hupremn  Court  by  iiiouon  t»  »ct  aaula 
ib<*  ilopoaitinna— and  tha  avi<«i<nra  of  tbi«  witncaa 
on  til  <t  point  V.  At  alt>-f[athvr  irr«ilavant. 

Anilrow  Hobinaon  waa  tden  <>iklli>d  by  Mr.  Hnll, 
for  ibo  piirpnuo  nrti>'tifyiiif|  aa  ii>  ibe  chaijictor  uf 
l)f  field;  know  bim  for  a  tiumhor  of  yi*AM;  nivar 
kfiawnny  tliiii;  iiirninat  bis  futh  or  vnraciiy. 

(;roaa-*'xan>iiiod  by  Mr.  SjKincer — !•  Ibe  p<>r«on 
^«'hn  prcffrriMl  tbia  coinpliiint  agniii»t  MrL^od;  bad 
i)<>(i<>i<l  aumrnonrd  to  tcktity  aKaiimt  Miirri»oii; 
niiub'  hnv(>  ii.l'i  (onia  une  to  go  nitd  talk  to  Morn- 
Bon;  don't  recollacl. 

Tho  (.'oiirt— Mr.  Spencer,  havo  yuii  any  other 
cvidonco7 

Mr.  Sponcar— No,  your  Honor. 

'I'be  Court  then  a()ii'oni>b»'il  the  Jury  of  tbe'r 
<laty  dnrii '^  iIih  Sabhntb.  wb«?n,  uiiploanant  at  it 
wa«,  tliov  iiiiiat  remuin  togntbor. 

Mr.  Miiti,  one  of  llie  Jurora,  wan  allowed  hy 
rn'ment  n'  mu'itol  to  vi*it,,  iindfr  cbrirge  of  a  ron- 
HtMb]**,  a  broitinr  lying  at  point  ol  duatb. 

An'ith«'r  Juror  iickod  the  privilege  of  abapnc<« 
in  tbe  »miii(>  wny,  which  waa  denie«1,  an  no  ani  b 
caiite  for  but  aopftration  exiated  aa  in  the  otbor 
cnte. 

Another  Jumr  njked  if  they  could  go  to  meet- 
irg? 

Court— Vca,  cprtsinly;  you  munt  go  in  a  l»ody, 
ailtogethpr,  nnd  bo  mteiided  by  a  roiiatable. 

A  constable  waw  then  aworn  to  pttt-nd  Mr  Molt 
♦l»ir  ng  bin  temporary  Ropnrotion  from  bit  fcllow- 
jnroTB.  The  other  mtm^ortof  the  jury  were  then 
cnren  in  charge  of  two  ronkiabl«i>,  and  reiired  — 
The  priaoner  and  jailer,  the  bench,  members  of 
the  bar,  and  lut  not  least  th«  ntuneroua  corps  of 


R»l)<wi«r».  fellowa«|  in  regular  o>i|»r,  aad  an  lit« 
<Jwurl  at'ji  arne<l  Ml  M^'nUay  ■ormng 

MoNi»«r,  O  lobar  IM, 
TIIK  HUNMINii  IIP. 
MR.  NIM'.Nl  KK  adir-aar4  lb*  f^mM  anil 
Inry  at  fiiJIoMra  I  May  il  pl«4t«  yitur  Hun.  r,  ani| 
firnllaiiii'n  ol  lb«  Jury,  liir  ibe  Itral  litn*  in  my 
lib*  Iba' I  have  rv»r  ariaen  having  In  n  arg«  *ii 
lni|ioriant  (rial  or  de'entie.  I  ran  aay  that  I  it  el  ibet 
ib«  ditrbarge  ii(  my  r^niy  alivr  ibe  tcanm  ny  baa 
hern  cliMad,  is  eniirvly  a  work  of  aupt<rtrogaiMMi 
And  ihe  conar|«pu<iit-aa  thai  it  la  mt,  n  ally  o^pr«e»> 
•a  m*— II  a#«ma  lit  eneivata  my  «b<'l«>  aytlem— 
and  I  rvatly  fei>l  lanal  enibarraa»<*d  under  ili«  rir* 
rnniatanora  wbirb  tititoiind  inc  miii  inipol  tn»  ni 
ditaiiia  Jury  wiMiae  p«il>nre  tina  b»rii  abrady 
ticgxly  drawn  upon,  by  rontmanim*  on  fviilenta 
wnan  in  my  dKlibrratu  judgnirnt  tbar  rvidebie 
bai' alrnidy  convmcid  the  undrrttandii'g  nl  ibe 
Jury,,  aiitl  iha'  iba'r  judimeni  it  now  ripe  l>  h« 
iiri>noiin<  <*d.  Htijl,  In  all  ibia  I  m«y  be  ni»t>  ken. 
II  la  vitry  imtaibln  lbr.t  my  ronviiiiionanrtbe  ii>no- 
rrnoa  ofMi-L^ixl  are  tlronirrtban  areibiMeo'  all 
uranv  other  individtial  who  may  i>ot  bave  bmi  to 
iiilinnulvr  n'qiHiniad  with  the  whole  biit  iry  of 
the  rate  as  I  have  b^fn  It  'a  lirrauae  I  bt%e  nn 
right  lo  remit  any  eirnlona  Ibat  may  tend  to  tbti 
dfvelitpfiient  of  iru'b — ib«»  establiahmeni  of  the 
iiir:o(i'n<'eof  Mrljnni — and  the  aeriinng  ■  vardirt 
ol  iti')|uttial,  tli>ii  I  now  pri>|M>«e  to  iraapsaa  nn 
your  patierce,  Hnd  aiibinli  Ut  yon  aiich  « ontidera* 
tKuia  aa  acorn  to  be  wuitby  of  being  rrHcrlml  oil 
by  you— anrb  aa  lbs  rata  citlla  for— auob  aa  th* 
priioner  baa  a  right  to  demand — and  tinh  aa  our 
Ktaie  und  uoinnicii  cuunuy  may  rcaaonabiy  eg* 
pec-t. 

Aa  I  took  nrraainn,  geot'emen,  to  remark  In 
opening  the  cate^and  aa  ibe^evidenre  liaa  now 
fully  diirbtaed  it  la  one  of  greater  ini|Hirt<>ni-ethan 
any  other  ever  bnnigbt  brfore  an  Ainrr>ra'i  bar 
for  trial.  A  trial  involvir>g  ib«  lite  «if  an  individual 
ia  at  all  tioiea  of  tuincieiu  inlt>reat  to  nwiikrn  the 
dr^peit  emotionaol  the  buman  heart;  bnt  we  must 
cnntidtr  iMs  trial  aa  inviilviiig  otlnr  inivrrata,  jy. 
ing  beyond  the  life  or  denibot  Aliiandcr  M«  l.«ii<4, 
and  which  need  only  be  rnforrrd  Ui  lo  awaken 
doop  oniotiona  in  every  Amtricaii  heart  ihat  throbs 
in  an  Aiueriran  boaom. 

(i  I  you,  g«iiil«4iiieii.  after  all  that  in  to  be  anid 
hy  <ro>inael  abnil  Imv-  been  ntt«ie>*,  and  alter  me 
delivery  of  bis  HonT't  charge,  wil  devolve  th'sa 
grent  and  rui|)onNiblH  du'ira.  Oa  you  reata  finally 
tbe  whole  qu*  ation.and  to  you  alone  will  the  roiin* 
try  look  for  u  pri>p«  r  diipo>al  of  it.  Your  duty, 
until  you  i;orou  to  h  fi  lal  dt>toim  ntiion,  ia  that  of 
pa  lent  an  I  att<-titivfi  he»ring--oi  an  ofiort  rightly 
to  iiiidf  raiaiid  all  tbut  can  In*  tn>d,  and  pnriicn'ur- 
ly  to  appreciate  ull  tiiat  inuy  have  been  proved. 
I'ationce  und  attuntion  are  your  flrtt  dutiut,  und 
Httorwarda  anirelui,  tobberiito,  aiixioua,cuiia«*ivn- 
lioUH  conndoration  of  what  bsa  bnen  aubmi  ted  to 
you;  and  after  you  shall  havo  retired  for  dt'libera- 
linn,  thru  will  conm  tho  limo  when  tbe  full  aenao 
of  ihe  great  r^'rpontibility  of  your  poailiou  will 
devolve  upon  30U. 

Our  duty,  na  counnel,  ia  of  a. ditTerent— altoge- 
ther dilTereut  cbaraflcr—inoro  perplexing,  mote 
ex'-iting,  rtiore  vtxm  oua,  moro  try  mg,  save  (,er- 
liHpH,  wbrn  oomoartd  wiib  youra  in  finally  pro- 
nouncing a  verdict.  I  allude  to  tbia  cons  dera* 
tion,  gentlemen,  only  becauae  on  accnuntof  aoma 
thingi*  which  have  bccu'red  in  tbe  progresaofih* 
trial,  and  which  I  would  have  njoiced  to  have 
seen  avoidad.    It  is  very  natural,  it  is  vary  pro* 


33 


p't.  lh«t  rnttn**!  »n  »tiH«r  MtU  thnii'il  (»t<\  fiiii<*h 
m  rm*'*  im'«  Ii»  •h«  lan**  M>hi'  li  ii«*  h«»n  r<*tii>nii* 
inl  I'  Mivir  rhart*  I'  **  "'  "o'l  P">i  *'  1^**  ih* 
iv  li><-il  *<Mii.*n|  wKit  lii'fi  riMitlil'ltxi  lh«  |i')M«rit' 
iioii  lu  *Um  IViipia  .)t  .J  U  |i «)  iiiI'Mi*  litf  (hit 
I  iiiinph  uf  jiiai.  »,  It  l«  hnMHBl  t<.i>,  l^«'  iha/ 
•hiM'lil  h«<l|«ivf<  Ihn  irmhiif  iIim  ••■•  ihxi  thwy  Imv« 
•  roiKl  i>  It  r  rforft  ilio  j  try  h  t«  i|i«iitr«il  ilim  |lt*iy 
■'i>iii  il  <|  i«K«>|ir«o  l)i»  I  M«  of  iti#  |»i«iMit>r,  Oil 
ih«  oilier  h'«i  ii  y»ii  Mill  »gt»m  nyiih  mv  ihitlll  14 
*i|i|tily  iiaIimhI  •ml  |Mi>|)«>r  iliii  ilm  •<  iiti«o|  l<ir 
III*  »>'i'ii«'  (t  Mho  hwvi'  •{•'Voi»f1  tiii'li  MMmiitim  to 
hM  I'd**  •■  Mi'r  (liiy  rt  i|iiirt<l,  ■hmtl'l  h«tK  lurw 
•••I  »'ni*o|>i(tiiiii  I*  lo  III  iiitiriU,  Axil  f  hinruiii*'! 

rO'iV  rltoliaol' ll|»  IIHIIit'otliU  of   llMir(ll#lll        All'l 

llmi  b'tth  riiiiiiai  I  klmiiltl  »■  I  on  |h«ir  i'oiivi«ilt'iii4 
WA«  ii4iiiril.  ariil  Imt  lli«y  tliiiitil  l>i>Iio«it  ih<  ir 
rc<*|i«>  iiw  a  •)«'«  ol 'li«n*Mi  III  l>M  Dm  Miih.  AikI 
•II' h  b»  I  nil  III*  ■»*••.  Ui«  oily  iilUrri  tivii  !•  r 
(O'tii*  I  <r«ft«  III  ili*ti«l|»vn  Ihu  ii|i;mi.iim  airfl  til 
t'to  in**!-  tin  Miiiit  tmlitvn  i<  •  lirnly  iimUiK', 
if  liul  riinrMly  IhImm  llni'fl  it  v%ill  Imvti 
ii  <«n  oliMi<rv«i<l  III  tli«  prottrvaa  of  itiiii  trim, 
th«*  tti<-r««  iia*  liron  whiim  IiUIo  iiii'ii^iiirnt 
tnoro,  |Mwaihl  V,  iSiin  wua  ncrnaairy,  on  iliu  purt  of 
riiUiinol.  Hot  I  h>i(K«,  grn  Iciimii  nftliii  jury,  llinl 
villi  will  hn  •|i'kr«<l  ■il  voiir  livrt  Ioiik  irmn  wit* 
iiii**MiK  itny  aiM'li  priiiifultHi'iiaioii  for  mi  iii*tl  fi'iil* 
I  iga  H*  liaa  hcfii  inaii>f' a'rii  in  thia  irt4l.  Voii 
ni>iy  wdil  wriali  nlwii  a  to  rfinam  air>in((i*r«  to  tliM 
Nritiftira  of  I'xniiaal  vvliiln  |>rf|i>irinK  fur  a  trml 
of  ih  ■  ili>a('ri|i'iu(i.  You  iivvil  iinvi^r  ili'air<<  u>  >>o- 
roniA  nri|<ittihti'i|  wUh  thn  alrrjilfaa  iiiKli'a  iiiol 
iioii<HiN  (liiya  «%lii<ili  |ir«ciMln  Iho  coinMif ni-rtnrnt 
of  H  trial  liko  lliia.  I  can  naviira  yoii  ti.n  iliaoiivf  ry 
n<ii|  il  nllnril  yoii  anyilnnf  lnit  |>l«*naiiri>,  iinlcNa 
yiMif  pnm  wi '«  riMin'rrtminnctMt  i  y  ilm  NniivliiQ- 
lion  miittif  g  Imin  th«  conariouanuia  ol  k>«iii)(  in- 
■triiimuital  in  nilviini-inK  th«  '■iiiiim  of  Imkh  um  « 
aiiti  jilvtiro.  You  mny  Ii4v«  oharrviiil  nUo  that  in 
thn  pr»K  i'«a  of  tho  trial,  llmt  in  iIid  etam  nation  of 
wttiKiM'Oa  ihnra  may  Imvu  auptncil  n  want  ii|  kiniN 
nvNit  nn<l  rhuriiy  Mwnrtl  thmp  who  havn  tmcn 
rnlloil  to  mmtmn  thia  protecittion— lint  ili<<rii  iniiy 
|inv«  hi  Hii  a  rii^itr  of  ninminatioii  to  whi<  h  wnma- 
ana  klioii  <l  not  h»  aiil  jrctod,  >i|i«r  hnviiiK  Itfori 
fofied  hy  iho  inuiiilatM  uf  the  lii«v  to  uppo.ir  and 
t««titv.  Tlie  witiiMiia  vr>ry  properly  iiveivcd 
•yinpitihy  (ri<m  a  jury.  To  ihit  Mf>«Ji>  not  uiijrct, 
ami  Miicn  witni'e*f*a  •«cm  tu  h»  tniiitfil  with  un- 
kiiiilntiaa — wiih  aapcrity — 4von  with  rtxliTiraa — it 
m  v<  ry  nainrul  ili.it  th«  Nympafliiiia  of  ili«  jury 
•hditl  I  h«  ex  i'n<l  m  thuir  liolml',  ttiid  ihut  ihu  pre- 
)i|<lir(ti>  of  it  ^  jury  tU'iulil  Im  roii.i"!  ngainat 
Iho  i-otirifol  who  ihua  ruiinhly  handle  th"in,  and 
tMn«>tMi'i  tha  liuiitri  of  ihcir  duiy.  If  anyaiich 
k*'iiiiiii>  iita,  giMitUnien,  have  hot  ti  originntcd  in 
your  iiiindM,  I  luk  thiit  ynu  will  (irul  th*^  ronntiora 
lipoli^y  in  He  I'lCrHoiiliiiury  caac  in  wliirli  lie  Ima 
hc«n  ^n  Bg'il,  ttiid  which  ia  ■ubniiiU'd  t>  your 
(I  lis  il  Thti'iri ;  nnd  that  yuu  will  havo  leta  aym- 
pithy  for  ihu  witiiiHtta  who  have  come  hero  to 
M'^vhr  iiwny  the  priauner'a  life,  thin  you  would 
hNve  i.irwi  notkea  in  tueir  circomttaucva  and  on  a 
diiforwnt  (fCistiioo. 

It  ■•  natural,  gentlenen,  too,  that  the  crjnnivl 
for  ihn  proeecution  ahould  indulge  in  u  tinn  belief 
(Ml  the  (Hie  hund  of  tli(<  truth  uf  liia  own  caav,  and 
the  rvv<r»e  of  oura.  Hut  I,  un  t^<c  other  hand,  may 
ti»  prop«  rly  nnd  leaiono^'ly  untprtnin  a  diabtiliof  uf 
thn  cuDe  uf  my  leiined  advertiir/.  Koihcu«ed 
cunii  •!  tie  irUB-buth  cantiot»tarid — in  thegrnppio 
hvru  fur  inaatery  one  nr  iriM  other  ia  to  hfi  uvt-r- 
thruwn — and  your  verdict  ia  to  declare  who  ia  to 
lalt  and  who  ia  to  it<ind  tnumphaDt<-wldch  ia  to 


Kcoverhfown— all'l  wMcHta  emaln  ftifiaa  lh« 
n>N  h  of  AtM  vaTroiK  iu«l.  i  iiai'a  |l>ii  pmni 
Aid  It  la  iiaiiiral  I  ah  iiM  t»u|  warmly  and  »n  an, 
liwtlcvilif  imr 'Ma*  III  h«i  Ih*  irtiUt  aidi't^'aa* 
h'f 'li«  (•">«»••  III I'Hi  to  Ih*  iioi  oiily  iiniriir,  •«hii  ti 
liii|ili<-^  >iriiiy  loiaiaha  ><r  miaapprrh*-!  anoi  hi,  | 
ai'i  aorry  t«i  *«},  lill^rly  /«/«■  And  I  i|i»|ri<  ^ou, 
laiitlfmnn  of  id^  I'lry,  III  III  )Ur*iM>d  ih«t  wutd 
III  ila  l*||iiana  o  an<ij#*'iKif«*t  M-rriilaiMri. 

I  ti#lii<v«  ktitt  thia  i>f  •!  •  li'  II  liaa  h<«in  •ou|hl 
lohti  w^haM  l^y  a<^Nnttiiia  uxi  .vf  'ho  ran^ol  |  er- 
I'iry  *\rf  hniuf  ht  Mi'o  4  fn»'t  nl  jiMlii-i',*ii  •  ••  thn 
•un  ahoiiei  '  'hri-Tp-i-JW  -<n  a  cat*,  iiHt,  involv. 
Illf  IMU  niity  I.    ol    „,|    I    ilivt'tuai,    hut  (I'M  III. 

laia.la  of  ihr>  i«v"  g»»'iil  imiiong  Wi  >vio  lii<  tila- 
phrraa,  ihai  hold  it;.  f<>|{hr«i  rnnk  in  th*  ii  «<;>  of 
III*  W'irld -two  imiioiiB  rH»iiid  by  l*ia  air  i  gpti 
ti«t  |iiha*Mt*d  hy  rarea  afc^h  r<g  the  aama  l>ui. 
|iii|#-^oii«  inn  ni  m  )>«iopli>  — kit  <  rfPd  km  I  do 
nut  ahnnk  from  »«y>nK  ihii  >ha  iol«  al<j  ■(<  "I  thn 
pmaaiuii'in  lia*  l»«>*n  to  invulvn  ihraai  •  •nii  irta  m 
a  ii|<MHly  war,  and  li>li«viii!^  that,  I  iimlra*  I  '  ave 
l*lt  hilt  liiltn  (diirily  lor  ih«  Miln»«»e«  hn  ii|rht  lo 
aiiaiinn  ii.iiiiilniv  ro  dun  h  tailinihili'aa  iiiihHraiad 
aalinie  t«ndrrnt-a«  n»  I  lull,  'ihu,  g^mlaiuait  of 
tbe  jury,  la  my  apol  gv. 

I  hf>  luarnn  i  rKHllpinan  timn  refrffnl  |o  »li*  «<• 
claion  ol  the  h.iprtina  Comt,  whn  h  had  pirlnded 
tho  i(Ue>«lioii«  artaloff  out  ol  the  prini>i|ilr«  ol  in 
IcriiHli  ii.tl  litw,  aa  afiplKtihln  ti  iIki  d>*li  ik'  oi 
till)  priioner.  Hy  thai  dnikinn  the  Icartii-i  1iiiI|n 
wh<i  now  prnaidml  ovr  iliiir  deliberatiuna  hiiddfl> 
chirrd  liiniirit  to  he  I  ound 

tJf    Una  ili'ciaioii,  M'.  Hj)»«nrpr  did    n"*    roin- 
plam,  iiur  waa  it   iinpi|i  «-(v«il    l»y  hiin.     Ili>    wna 
wkII  ani|iiiiiiited  w.ih    hia    floiior,    »nd   with   th.i 
uml  rin  ilid.rpnre  with  whuli  hn  nt   nil  iiiiica  it 
laidrd   li<>  df<  laiona  of  till)  .S'j.rnno  I'l.iirt, 

ISul  ihoutih  lhu«  deprivdilol  th<a  Rrounil  of  de< 
fpiiie,  tlirv  were  not  wiiNout  dofrtuu  on  niiotiier 
f  round.  Ill  the  currertm  aa  ol  Ihu  d«>ci»i<iii  ol  thi* 
Huprcian  I'm  rle  b  hid  no  hi<|ii>)';  and  aa  ii  infm- 
bfr  of  the  hiir  nnd  nil  American  c  tispn,  he  pro- 
tpatod  nK'<inat  it,  aa  nintrary  to  the  liiw  ri|  na- 
lion«,  mill  to  llio  liiwa  of  reaaon;  nnd  ho  rinr«Mt,i| 
it  hud  ever  Ih  rn  |i  it  forth  aa  the  oiiinion  of  the 
Huprvnit)  Court  of  till*  Ntnin  ci  atlnira  Rniwirif; 
(lilt  of  ihii  inierc  iiirae  of  iiiidiina.  To  that  opui' 
ion,  huwevir,  lie  atioiilil,  for  tho  pirpoara  <  f  ttiia 
triiil,  pfiy  all  ilne  dflerfnco  uiid  ii*api!(  t.  Mi<>iilij 
the  rekiilt  ot°  tl<ia  triul,  however,  r«i  ilrr  it  ii<  rcaaa- 
n,  ho  ahoul'l  b»'(or(^  aiioilier  ir  I'Uiiul,  na  he  uiii- 
loriiily  d<H-a  u  a«w|ier«',airuiipiy  and  ilCMiliilly  op- 
pote  ituiiopiiiiuii,  nnd  have  it  reviewed,  ami,  Im 
(ioiilited  not,  revfr*itd, 

Mr  .-^pcnrcr  then  puaaed  to  tliouth^r  hranrhof 
the  drfeiu'c — the  proof  na  lo  itie  p^rtiiipntion  of 
rilcl/'Oil  in  ttie  ('itriiiiiie  cxpeiiii  iiii,  ntnl  ol  liii  ab- 
vfiico  iioiii  i|.  Iltfore  eiiifrinir  iiixui  n  icvuiw  u*' 
tli'>l  proof,  Mr.  Wpi-ncar  ndvprtnd  to  ili«>  fm  r,  ihtit 
ui  long  NQoax  on  entire  yen-,  lli"  whole  ti^kiniiony 
fir  tha  (Iclunce  wna  wifhin  iliu  knowi(Mlg<'  of  ihe 
proHocutiiiK  com.iivl  and  the  world;  vt  h  ie  with 
niin  and  hia  learned  nkMocintea,  all  waa  itnikneaa 
And  night,  nut  only  what  wus  tnu  proof  to  bo 
b  unghi  tu  uphold  the  pniaecutinn,  or  whu  were  to 
be  ttie  wiiiieaaea; — aIi  ih  wiltieHa  had  long  enjoy- 
ed trie  ndvant'-g>i  ol  rummniiiirntton  with  CHith 
other,  Hiid  With  iiie  prn«e<uting  cDUrikel.  And  he 
mor  i<ver  belitved  that  thrac  wilnnHa  had  been 
CO' (;'f  gating  togtbcr  in  rutnujittoo  (niiiH  and 
Ihert!  cmvavaing  their  own  tPHtinony  and  (hn  tea- 
tiiu' ly  and  dvpoaiiiMiia  ft  lin  brought  bcforn  thi 
cuuri  uiiO  jury  in  aupp'  rt  of  the  deienre.  In  ihete 
proceediuga,  £uwe.'er,Mr.  Sfunccr  did  not  beiievd 


l( 

I! 


Z4 


thn  Attorney  fffliwral  or  ehher  of  the  learned  gfn- 
tlemen  aatociated  with  him,  li  xl  uiy  participa- 
tioo. 

liut  if  any  within  the  lound  of  hii  voice  tuppoi- 
ed  that  the  four  learned  counitol  who  appeart*<i 
here  on  the  part  uf  the  prosecution,  conititute  aU 
the  legal  gentlemen  who  had  applied  theirialentt 
and  onergiei  to  the  prep* ration  nmi  kupport  of  ih  ■ 
proienutiiui,  ho  would  tell  that  individual  ho  wat 
wofally  mmbikeii.  Able  nn  are  the  genileinen 
oppored,  lielore  tliiH  rourt,  they  constiiuind  but  a 
eorporal'ii  guard  to  the  whole  array  that  tia«  hcon 
engaged  in  thii  lahor — the  ohji^ct  of  whuh  array 
una  not  for  the  furtherance  ot  jutttice  ui  between 
JlcLxod  and  the  people,  or  the  taking  of  tiie  life 
of  MuLeod  individually,  ai  to  the  fomentation  of 
diiturbancei  and  the  promotion  of  a  war  between 
ttiia  country  and  Great  Britain.  If  proof  wan  want- 
ed of  the  exiitence  of  ihia  legal  combination,  it 
«ould  be  found  abundantly  in  the  number  of  wit- 
oesiea  that  had  been  brought  forwird  to  awear 
nway  the  life  of  AlcLeod,  who  had  iprung  up  lihe 
fibres,  from  where  nobody  knew,  or  how  collected 
Doboily  I'onid  explain.  Time  and  again  had  this 
..liarge  been  examined  by  magistra'es  at  the  wvut, 
und  Hniongut  the  whoio  array  of  thirty  witnes«ei 
Ibrthe  pro>ecution,  scerce  any  of  them  appeared 
originally  as  wicnevses  against  McLeod  at  tho>e 
eaaminaiions  TdCHe  facts  alone,  did  no  oihers 
exist,  BulTiciently  indicated  the  extent  of  combina- 
tion which  had  been  brought  to  bear  in  suppo.t  of 
tbis  prosecution— aided  by  secret  societies  and 
uorobinationo,  with  contributiona  of  money,  per- 
sonal services,  f(K>d,  raiment,  and  o'her  necessa- 
ries that  could  bo  found  required.  Muit,  if  nor  all 
the  witnesses  for  the  proiecution  belonged  to 
ihese  societies,  and  deserved  not  credit  in  the  es- 
timation of  any  intelligent  jury  or  of  any  reasona- 
ble man. 

Mr.  Spencer  then  proceeded  to  a  review  of 
the  testimony,  passing  over,  at  a  glance,  thoie 
wh)  testitied  only  as  to  the  ptrticulirs  of  the  de- 
Htructionof  the  Caroline.  These  witne«ses,  Mr. 
Spencer  contended,  were  at  least  interested  at 
Heart  for  the  success  of  this  proscGUinn,and  be 
tlweli  with  great  severity  upon  the  rrluctance 
with  which  the  witness  Welis  was  compelled,  on 
his  cEosi-examination,  to  admit  facts  which  he 
iMsiduuu  ly  sought  to  conceal.  But  even  the  testi- 
mony of  t  >ese  witnesses,  and  of  Mr.  Wells  m 
particular, Mr.  Spencer  contvnded,  was  not  enti- 
tled to  the  slightest  belief. 

Mr.  Spencer  then  proceeded  to  examine  the 
testimony  in  ended  to  connect  the  prisoner  with 
the  murder  of  Dutfee;  and  he  pa»sed  in  scrutiniz- 
ing review,  and  wiih  most  ingenious  and  able 
criticism  those  witnesses  and  tneir  testimony  in 
the  order  in  which  they  were  called  by  the  attor- 
ney general.  The  whole  mass  of  their  teatimor)y, 
in  all  us  inatcrial  points,  the  learned  gentleman 
pronounced,  and  endeavored  to  convince  the  ju- 
ry, was  a  continuous  detail  of  perjury  upon  peiju- 
ry— intersperfied  only  with  on  occa*ional  trutu — 
few  and  tar  b  etween,  to  give  iheir  iaiseboo is  cre- 
dence with  tne  jury.  In  reference  to  that  part  of  the 
testimony  rf  the  witness  Parke,  relative  to  the 
tviastfal  os'iertions  of  McLeod  as  to  the  fatal  agen- 
cy he  had  in  the  burning  o(  the  Carolina,  and  the 
murder  of  Dorfee,  Mr.  Spencer  attributed  all 
the  knowledge  or  belief  of  Parke  as  to  such  boats 
to  what  he  had  road  in  the  newspapers,  and  faitie- 
ly brought  in  his  testimony  as  so  mu;^htru  h  known 
of  his  own  pers3nal  knowledge.  Ab  to  those 
uuaktiul  asse.tions,  Mr.  Spencer  declared,  on  the 
%uthof iiv  ol  McJ^odj  had  n«?et  been  nad*  by  the 


Erisoner,  and  the  publications  of  such  dec! trstlon* 
ad  at  all  tii  los  b«en  a  matter  of  perlnrt  tturprisi^ 
toMrLeod.  As  the  counsel  of  the  prisont^r,  ha 
had  uniformly  advised  him,  and,  indeed,  had  been 
obliged  to  orfif-T  him,  not  to  reply  tu  and  re  ui« 
those  publications  while  a  prisiwier  awaiting  trial; 
but  to  leave  its  refutation  to  the  develupments  of 
the  trial. 

Mr.  Spencer  was  atill  proceeding  with  bis  eioin- 
inntion  uf  the  testimony,  when  lue  court  adjourn 
ed  to  dinner. 

Two  o'clock,  p.  M. 

The  court  room,  on  the  reassembling  of  the 
court  after  dinner,  was  dennely  tiironged  with 
spectato/H,  nearly  half  of  whom  were  ladies,  who 
presented  a  splendid  array  of  "  youth,  beauty  and 
fuahiufi,"  and  who  paid  great  aitontion  to  the  dis- 
play oi  eloquence,  the  anticipation  of  which  had 
attracted  ttiein  to  the  conn  rooni. 

Afier  a  few  preliminary  remarhN,  Mr.  Spence; 
resumed  h's  ciiticisni  of  the  testimony  and  the 
witnesses  lor  the  proMecution,  with  whom  and  with 
which  he  dealt  with  the  most  unsparing  aeverity. 
In  the  course  of  his  remarks  upon  ttie  character  Of 
the  witnesses  and  tiioir  testimony,  Mr.  Spencer  in 
troduct-d  n  withering  rebuke  of  tlie  "insurgtnu" 
nnd  "patriots"  engiiged  in  fomenting  the  liorder 
troubles— -some  of  wnich  he  directed  particularly 
to  certain  pariicipanis  in  those  trouldes  here  pre- 
sent and  within  the  scope  of  his  sight— [to  wit  - 
Mr.  McKenzie,  Dr.  Tlieller,  and  Gen.  Suther- 
land] 

After  expressing  tiis  full  confidence  in  the  jurv  . 
and  his  sa'iafactum  that  to  the  central  county  of 
the  great  State  of  New  York  should  belonjr  the 
honor  of  freeing  an  innocent  man  from  the  langs 
of  an  iniquitous  conspiraiy,  and  compliment- 
ing his  colleagues,  the  learned  gentleman 
proceeded  to  comment  on  the  evidence  lor  the  de- 
fence. He  contended  that  he  had  amply  demoii- 
Btraced  by  that  evidence  where  McLeod  was  not, 
and,  secondly,  where  he  was  on  that  eventful 
night.  The  result  which  he  arrived  nt,and  which 
as  he  deemed,  the  jury  muuC  inevitably  airive  at, 
was,  that  all  the  tesimoiiy  which  sM>nt  to  khow 
that  McLeod  was  either  in  the  expedition  against 
the  Caroliii6,  or  nt  Chiopowa  on  that  night,  was 
not  only  lalse,  but  wilfully  false,  and  that  tne  tes- 
timony vvhii  h  proved  McLeod  was  on  ihat,  night 
miles  from  (inippewa  and  at  the  bouse  of  Captain 
Morrison,  was  the  only  testimony  to  that  point 
was  the  true  testirainy — the  only  testimony  enti- 
tled to  the  credence  of  the  jury— and  upon  which 
they  were  bound  to  Qnd  a  verdict  of  acqiittai 

TwESOAY,  October  12. 

MR.  HALL  then^crmmenced  his  suinuniig  up 
as  follows. — Gentlemen  of  the  Jury,l  am  now  «;<li- 
ed  upon  to  ask  you  to  bear  op  against  the  elo- 
quence of  the  l>-arned  counsel  for  ih«  prisoner,  ei- 
haumed  as  you  are  by  this  trial  of  an  unprecedent-' 
ed  length — to  bear  up  and  struggle  agaiost  the 
false  issues  and  extraneous  consiCe.'atioiis  whicb 
ta«  ingenuity  of  the  counsel  have  laid  before  you. 
During  ttie  progress  of  this  cause,  and  in  summing 
it  up,  tne  counsel  have  loudly  complained  of  iho 
manner  in  which  the  prosecution  has  been  eon^ 
ducted,  as  if  there  had  been  Bomething  improper  in 
the  conduct  of  those  whose  duty  it  has  been  >o 
conduct  it. 

We  have  been  accused  of  concealing  the  noraes 
of  our  witnesses  from  the  opposite  counsel.  Gen- 
tlemen, I  do  not  feel  that  that  charge  bears 
against  myeelf^for  one,  I  can  say  it  does  r>o(  ap- 
ply to  me.  And  I  can  fearlessly  assert  that  in  the 
w^IecoadaetafthiB|ffOB«(»iii>D  tbere  havbeea 


tfH 


ihdafiktritlont 
srffirt  imrpriir 
«  priion«r,  he 
i'ed,  liail  henri 
(>  and  re  ui« 
awaiting  trial; 
veiupmenta  of 

with  bin  «ii>in> 
)  court  anjouro 

LOCB,  P.  M. 
mbiing  n(  the 
tnionRed  With 
^ra  ladiei,  who 
ith,  beauty  and 
lion  to  ilie  diH- 
of  which  had 

«,  Mr,  Sppnce. 

mony  nrid  the 
whom  Olid  with 
urintr  ieverity. 
»e  iiharacter  Of 
Mr.  Spencer  in- 
inuurgenu" 
ing  the  liorder 
ed  partiruiarly 
allies  here  pre- 
light— [to  wit- 
GoQ.  Suther- 

ce  in  the  jurv  , 

niral  cuiHityof 
Mild  belong  the 

from  the  langa 
il  compliment- 
id  gentleman 
mre  tor  the  de- 

amply  demon* 
cLeod  waa  not, 
1  that  eventful 
d  nt,«nd  which 
taMy  arrive  at, 

^^ent  to  khow 
eilitiort  againat 
ihat  night,  was 
[id  that  tiie  ina. 
8  on  ihar.  night 
use  of  Cdptain 
'  »o  that  point 
teatiniony  enii- 
id  upon  which 
if  acqiirtai 

OcU>ber  12. 

•     tUlllllliIig  up 

r(  am  now  u^li- 
:ainiit  the  elo- 
10  prison -T,  ♦'je- 
ll u n precedent ' 
o  agaioat  tho 
eratioiia  which 
ud  before  you. 
lid  in  •ummiiig 
iplained  of  tho 
ban  been  con^ 
ing  improper  in 
It  haw  bedn  lo 

ling  the  namea 
^ounael.  Gun- 
;  charge  bears 
It  doea  r<oi  ap- 
aert  that  in  the 
wr«  hasbeea 


nnthingtn  ttrn'eh  th«  good  name  ofthe  Slate  of  ft 
York,  «>r  her  s'lminiairation  of  j  utice,  by  any 
harah  or  unnereiaary  act  of  r^acnmioa  or  oon- 
oealmeiit.  A  degree  of  liberality  unprecedented 
in  cnaeH  of  inilir.tnient  fur  the  c  ime  of  murder, 
hna  ti«*a  eitendrd  to  the  priaoner  whoii  now  be- 
fore you  It  waa  deaired,  above  all  thinga,  that  in 
thia  pnaeriition,  in  which  »o  hadrenolveil  tovin- 
di<'a'o  thn  juat'ce  of  our  criminal  adminiatration, 
•II  ahdii  d  tiA  dune  in  tenderneaa  and  charity,  and 
not  in  malice. 

It  haa  been  aaid,  gentlemen,  that  ttiere  have 
been  committee  room*,  and  ih%t  there  tlu  dapoai- 
tiona  taken  in  CanaOa  have  oeen  read  to  the  wit- 
neaaea  in  order  that  they  miglii  thape  their  atoiiea 
in  accordance  with  that  leatimony.  Gentlemen 
believe  it  not.  I  do  not  believe  it.  It  haa  not 
been  lO.  If  any  auch  thing  haa  been  done,  it  h«a 
beon  done  without  my  knowlekge,  and  if  I  v^an 
UiO  tlie  ex preeaion— contrary  to  my  knowledge. 
But  ihia  much  I  can  aay,  that  the  atatenienta  of 
every  wiineaa  exaininrd  belore  you  on  the  part 
of  the  prokenution,~have  been  known  loig  before 
they  came  h»re,  and  before  the  commitaiona  were 
returned,  and  ao  far  from  hartng  been  ex>iggerat- 
«1,  they  have  been  found  amply  ronfiriued. — 
What  ground  then  ia  there  for  ttie  aatertion,  that 
theie  witneaaea  have  been  tampered  with — that  a 
atory  haa  been  made  up — that  there  ia  aome  my  oie- 
rtoua  power  acting  behind  the  ciirttin,  and  driv- 
ing forward  thia  proaecution.  Gentlemen,  believe 
it  ia  not  ao.  The  aame  heated  brain — the  aame 
excited  imagination  which  conjured  up  a  conspi- 
racy to  blow  up  a  court  houae  and  aaaaaainate  a 
judge  who  admitted  the  priioner  to  bail,  and  all 
thoae  extravagant  and  monatroua  creationa  which 
have  agitated  the  public  mind,  baa  now  given 
birth  to  the  aisertioa  thatour  v^itneiaea  have  been 
drilled.  Gentlemen,  allow  me  to  aay  one  word 
more  on  t  hia  point.  I  mean  not  to  censure  the 
counael  wbo  has  conducted  the  defenoe  of  the 

Srisoner— far  be  that  from  me.  Theae  gentlemen 
nve  been  pieced  in  a  aituation  moat  painfully  re- 
apontible— they  have  nobly  exerted  theratelves 
— they  have  done  their  utmost — they  have  dono 
nobly— hiid  they  done  teaa  I  ahould  deapiae  them 
aa  being  recreant  from  their  duty.  I  pardon  with 
the  uimo«t  franhneaa  faults  which  atiae  £iom  an 
excoabive  zeal  in  a  divchirge  of  duty. 

And  mny  I  ask  you,  gentlemen,  that  if  you  hove 
diacovered  that  I  have  exreeded  my  duty,  and 
puahtd  any  points    beyond  what  waa   right  and 

f  roper,  you  will  believe  me  when  I  now  aay  that 
ao  acted  beeana^  I  believed  I  waa  then  doing  no 
more  than  my  duty  demaniJed. 

Oae  word  mor<%  gentlemen,  before  I  pass  to 
the  merits  of  the  case.  Something  hna  been  aaid 
about  a  mub  at  Loekport,  and  to  thia  I  would  not 
advert  if  it  wt-re  not  in  aome  meafiura  connected 
with  the  honor  of  the  people  of  thia  state.  For  it 
haa  been  apread  abroad  ilidtweare  ao  wild  and 
reg<rdl(>89  cf  law  and  jjatice  that  we  are  ready 
to  asaasainatfl  a  Judge  on  the  Rench.  I  atand  not 
here  to  8  pologiae  lor  tbe  violence  exhibited  at 
Lockpon — far  from  it.  It  waa  wrong;  but  the 
whole  biatory  of  it  waa  thia-  the  pruoner  waa 
admitted  to  bail  by  the  Judge  of  that  county  in  vi- 
olatii>nof,  perhapa  all  precedent.  The  people, 
who  were  somewhat  indignant  aa  may  readily 
be  anppoied,  at  the  outrage  ihua  committed  on 
their  v^ry  ahorea — the  very  ihreahhold  of  their 
dwelling* — and  in  aight  of  the  mangled  bodies  of 
their  ne  ghbftra,  naturally  felt  sumuwhat  excited; 
and  whai  did  they  do?  They  committed  vio- 
leaoe  on  no  one,  but  tbey  iiuiUt«4  tlMt  Umm* 


whohail  ghr«n'tb«  bair  ahould  cancel  ihdrbonda. 
They  wsre  cancelled,  and  there  the  mattei 
ended. 

The  learned  gent'em«n  then  ridirnled  the  air 
of  confidence  which  the  aeniur  counael  of  tlm  pn 
aoner  had  exhibited  in  hia  addreaa  to  the  jury;  and 
referred  lo  the  aummnry  manner  in  whicn  his 
learned  adveraary  had  diaroaed  of  the  witneaaea 
for  the  proaecution  He  (Mr  il )  however,  hoped 
that  Iho  jury  would  at  laant.  adroit  that  the  Caro- 
line hud  been  burned,  and  that  Amua  Durfee  had 
been  murdered, 

Mr.  U.  then  went  on  to  apeak  ofthe  brutality  of 
the  art,  for  participation  in  which  the  pnaonrr 
w«a  ar'aigned,  ano  quoted  a  pitangefrnm  thede- 
ciaion  of  ttie  SuprtmH  Ooui  t,  aliuwmg  that  no  jua- 
tithtation  could  bs  uffered  lor  thn  atrocity  of  the 
tntriHaction.  The  deairuciion  of  the,  Caroline 
might  have  he^nanactof  sngarioua  policy,  hut  it 
waa  undoub'fOly  a  deed  ».J'  Oarbaroua  rriielty. — 
The  jury  had  been  nppeaUdto  in  behalf  of  tho 
perpetrntora  in  a  manner  w^ich  might  po«Nibly  af- 
lec<  a  me  ntintia.  It  bad  been  aaked  if  thia  coun- 
try were  invaded,  would  not  its  ciiiz»iis  repel  the 
iuvaaion  wiit»  equal  pron'.iiiiudo  and  de<ition  i 
He  (Mr.  H.)  believed  that  it  would,  t».  t  lertainly 
hia  countryninn  wou2d  have  neverdoiit>  itin  t'l  i 
night.  Mr.  H.  then  referred  to  the  luatiner  ii 
which  the  i)M»-8tion  of  international  Inw,  aa  ab- 
solving the  itcura  ir.  the  destruction  of  the  Caio- 
hrie  from  individual  responaib'liiy,  hmi  been  dia- 
posed  of  by  the  Supreoie  Court,  and  which  ren- 
dered it  unneceaaary  for  the  jury  to  eiuj>atrasa 
their  roinda  with  that  view  of  ttie  case. 

Aa   it  was   now  near   10   o'clock,   the  Court 
deemed  it  proper  to  adjourn  till  next  morning. 
TuKSDAT  Morning,  Oct.  II. 

On  the  opening  of  the  court  this  moiaing,  Mr. 
Hall  resumed  his  addreaa  to  the  jury,  p<taaing  di- 
rectly loan  examination  of  the  case  ai  presented 
in  the  teaimony.  The  first  branch  ot  the  case 
were  the  events  which  immediately  preceded  the 
burning  of  thn  Caroline,  and  tbe  conduct  of  the 
prisoner  at  Buffalo  a  very  few  daya  before,  and  on 
the  day  immediately  pre<  eding— hia  expedition 
around  Navy  laland  to  discover  the  Caroline — the 
conaultation  he  had  with  McNab  on  the  subject 
on  hia  return — hia  retiring  to  bed  alter  that  ctm- 
aullaiion,  to  refrenh  himke>f  and  recruit  for  ihe  ad- 
venture of  the  night.  All  theae  faca,  proved  by 
reapectable  witneasea,  and  ad  "nited  by  the  pris- 
oner, Mr,  Hall  contended,  went  almost  conclusive- 
ly to  show  that  he  did  not  abatidoa  the  enterprise 
hfter  hia  cooauUntion  with  M(;N*b— but,  on  the 
contrary,  remained  and  aided  the  expedition, 
heart  and  hand,  to  ita  fatal  conaumroation.  He 
then  reverted,  in  support  of  ttiia  conclusion,  to  tlie 
tektimony  of  Capt  Appleby,  who  testified  that  in 
hia  belief-^a  belief  which  struck  him  at  that  mo- 
ment and  ha«  ever  since  remained  umhaken  in 
hit  mind,  that  it  teas  McLeoo  himself  who,  whec 
he  waa  attempting  to  eacape  thruugh  the  cabin 
door,  ihrust  at  him  with  h>8  sword,  and  who  waa 
prevented,  onlv  by  the  inierventiim  of  a  metal 
outton,  from  inAiciing  i]pun  him  a  dreadful,  if  noc 
a  mortal  wound. 

From  thia  evidence  Mr,  Hall  passed  to  the  con- 
aideratioD  of  the  testimuny  of  the  eight  wiinesses 
Vkholiad  aworn  aoms  of  them  to  having  «een  the 
pri^unerjat  Chippewa  on  the  tragiotl  nt^ht,  or  on 
the  following  morning  by  auiir.Be— aoine  twth — 
and  oihera  who  had  he»rd  him  make  boaata  of 
having  taken  an  aciive  and  fa'al  part  in  the  enter- 
priae.  And  m  hu  review  of  V\\a  pcr:ion  of  tbe 
teMimon^,  Mr.  Hall  iattoduced  a  moat  eloquent 


i  * 


16 


and  powerful  virxlicaiinn  oflheM  witnetc*  from 
tiie  MwerpiC'g,  aii-in)lui«ive  Hil(^fl[«ii<>ii  «if  tfiiiiinu- 
tiUH,  iiiiiiiiiit;tt  i\  prrjury,  hnngiii  ■KaiiiiitU>«iii  try 
ihn  Itmrned  <-auiiH«l  lur  ih«  puMoncr.  Tnkirig  >he 
UKliiiioiiv  ol  vHv.U  of  tlieiii  (■oii>'Ccn>ivi  ly,  Mr. 
H'lll  prof'ctileii  t>  till  uiid  Minpir**  iheiu  Mith 
encli  v<ilirr,  iiml  nr«uit  i«  tlie  jury  ihi' r  p^rvrj. 
vAtuoM*  lU'.y  Willi  |tritSHl]iiit;«a  mid  eMr.iibli>ih«^<i 
facU  111  rnluti'ri  111  Ue  )it(«'ni()t<i  marie  by  louii- 
kol  opixmeii  lOjtiim  lo  unpem  h  hy  ictiiruiny  tno 
ntiniiirt«-rK  ot  n  Ihvv  ol  thi-  wififlktieM  Utt  tnn  pro- 
Mcciinoii,  Mr.  Hnll  oipluiiird  iliit  the  fitit\  iniim<«- 
tioii  lit)  or  riitt  UH«o<;  u'rH  hii<1  ut  nny  iiiieiiiioii  '*i 
inirodii'u  iin(tHiu'liii>)r  v\i(iiekei  aitAiriiti  ir<«  wit- 
iicubH  Drown  mill  Qminhv,  viai  meir  pr<i(|iioiiori 
Ol  tli«  MiHiid  II  II  u  the  iiT)(ioMtiKili<y,  on  the 
part  uf  the  (irHorUiiO', 'o  l»o  pfepiircd    wih  wit- 

lldNhPK  l>>    V||,(j|('lltK     lilO    ChHrdCtUrH    ot     tllOII«     ifll- 

pencil*  (i;  itiiij  ii  wii'tiiiHi  iiikI  p'0|iflrtli>i  jury  ahuuld 
know  tho  turn,  iviti.  iK<-y  iiiigni  imagin«  Uiu  leakon 
(li'ihu  n>i(i-(ir<  d'i<  tioti  ol  hU'Ii  wiiiieNurs  was  -hat 
wit.iieK'Oj  riiiild  lint  l>ti  foiiiiit  WHO  would  itu  tain 
iliiiro  wiiiieHki's  iroia  iinptui  liineiii.  Siti  ti  wtu 
ikuttno  isKt 

I(,  hu»  necM  M»i  I  in  the  conrie  rf  thin  frinl,  oon- 
t  iia«d  Mr  llHli.iliit  the  declaration*  olu  priwiner 
rrii  not  itiv\  •va  ihi-  hoHi evideir  j  Hm  Ifli  um  lee 
lii)wf«fiii-  hip^^iion  IN  ef.piicab  V  to  this  nate. 
We  tidd  t>>  ■'  L-. «  iiaony  of  itio  wi<:if>tke8,  that 
the  prit>onfei  ilia  not  Ni'luct  for  audienci^s  to  heir 
hi*  bo&au  of  par  icipation  in  the  dcsiriictioti  of  ihe 
(.^Aruliiip,  and  his  iinmeUiate  pemonal  ngrncy  jii 
the  murder  of  Dtirfec,  liktenert  in  <'hucure  places 
fur  rcQiovfd  from  the  vicinity  of  liio  occurrencet, 
who  coHid  have  no  opportunity  oi  koxwing  whe- 
ther hit  boaais  were  true  or  fahe.  S  ich  is  thn  ae- 
lection  which  an  emuty  hramndix  io  mahefi  nf  his 
aiidieneei — is  compelled  to  muke— to  avoid  the 
iinmodiate  detcciiun  of  hin  fhlitiry,  and  conacquent 
cxpouure  and  contempt.  But  how  different  waa 
the  uelection  of  the  priioner.  in  public.  aRsem- 
blagps  at  Chippewa,  where  ail  wl.o  conipoted  the 
expedition  were,  on  the  morninsr— and  but  a  few 
hours — after  the  events  had  occurred,  and  in  the 
very  midst  of  those  who  were,  and  whom  he  knew 
we'e,  a  po'tion  and  an  iniporlant  po  tionof  ihepx- 
pcdiuui),  he  ni  de  tlie>e  boasts.  And  was  hecon- 
Imdictcd  by  hny  of  the  numerous  listeners  to  his 
hoasiH,  win  hnewwitn  pokiiivo  knowledge  whe- 
ther thoi,»<  honsts  were  truly  made  or  false?  No. 
Nb(  a  man  nubed  his  voice  a^ainttthe  full  and  en- 
tire truitiof  ihetie  tiontto,  and  thim  eni  h  made  him- 
self  a  wiiiieHH  ro  tho  tnuh  uf  the  duclarations  then 
and  there  m^de  hy  the  prisonf  r 

Mr.  hall  then  proceeded  to  review  the  remain- 
irg  tetiiimoL  V  he  had  laid  before  the  jury  in  8op- 
portot  the  pro<eciii.ion,  to  urgue  to  them  it«  con- 
Misttncv,  mm  esiabitih  its  claims  to  tb«ur  reliance 
and  belief. 

Mr.  Hall  then  patted  to  the  fxqminat'ion  and  ex- 
planation or  the  Offence — its  nature  and  charac- 
tT  es  an  alibi,  and  ihe  tes'imony  which  had  been 
introduced  tu  BUiram  it.  He  explained  to  thti  jury 
the  raann>'r  of  ohtaining  commissions  for  the  piir- 
pO'te.  of  taking  lore  gn  evidence;  and  the  perfect 
impunity  witn  which  ihose  wno»e  testimony  had 
thus  been  obtained,  c^uld  sifear  to  jmt  what  they 
please,  without  fear  of  accountabilny  to  cur  laws 
for  rerjiiry,  which  could  not  reach  them.  Having 
bo!ore  them  both  the  direct  and  cross  interrognto- 
ries,  hetore  reqtiired  to  answer  the  former,  they 
could  f<ame  meir  replies  so  as  to  evade  any  dis- 
clofcures  they  miglu  wish  to  keep  frrm  the  Hghi; 
aud,  under  this  state  cf  facta,  Mr.  Hall  con'enced 
these  depoiitiona  were  entitled  to  no  more  weight 


or  oonsjdera'lon  tiiih  the  jury  ihm  I'lo  m>-rn  at- 
seriion  of  no  roiiny  interetied  person*.  un*"»irid 
by  th««  »olrmiiiti»is  of  Hn  onth.  In  a''di  on  imhin, 
Mr.  Hall  priH-fcdi'd 'o  poir.t  lUi  to  dm  jiiry  V  o 
roritrai'iiitions,  rvaaions,  an<l  ii.MirtJHicrK  p..  roi.- 
t«inrd  ill  thoHO  depo^iiioiis,  as  roinnind  wiili 
each  other,  w  '  i  the  oral  tcM;imo<  y  n<*du''><  fur 
the  defence,  imd  the  tstiiblislied  aud  ailimltcd 
lacis  in  ttie  cn^ie. 

Ill  his  criiii  i»m  of  the  deposiiirn  of  M.  \ah, 
which,  ati  Ik'  iiti^fiiptfd  to  bhnw  to  Ibe  jury  »<iiri  »<> 
ron'endHil,  impo<«cli('il  itaelf  in  VHr'«ttis  pnini",  IMr. 
Hull  introdiictfl  a  mo  t  wiilcring  H>rnii>ni  >i m 
hi«  conduct  in  the  nintn  r  of  t>ie  i'arnliiie,  ainl  bin 
roiiscqiif  nt  rewa  d  of  the  honiirn  of  hriinhiho  d  — 
III  fo'm»'rliiii««n,  r*^nmrl<ed  ilif>  leaned  cci.  .'c  , 
the  honors  if  kn  .r'lihnod  were  ccnlprrcd  upon 
brave  m«  h  for  nohlo  and  chivi.lroiis  d«rit>.;  end 
some  ♦vcMffn*,  indicfttivo  of  the  ntiturn  ..:  il  o 
deed  by  wlrich  they  obmuie^l  that  hi)iior,  wuh  em- 
bJHZont^d  on  his  PHCU'chenn.  But  ^l.'Niii>  whs 
honorpil  with  knis;hihr<id  for  no  i-ucli  deiMi.  H'» 
won  liiN  honor*  by  th»»  base  and  cowurdlif  himing 
of  ihH  Caroline,  and  the  murder  of  an  inno  ent, 
unnflrnding,  pHaccrtble  ciiizen  of  the  V<  iteil 
Biatt'H      Anil  oven  ihe  credit. of   ootive  personal 

iiariicipniioM  in  Ihiit  base  act  does  nnt  belocif  to 
iiin.  No,  ho  was  entirely  tooc;<rori)l  of  iii>>  prc» 
cii  UH  heahh  to  venture  it  in  ih<t  brave  enieriirite. 
When,  cnn'mued  Mr.  Hall,  McNib  ernh  .izons 
the  cmbleiiiB  of  his  honors  on  his  (rRciit>-li(  n  ,  let 
it  be  no  honornhle  token — lo,  not  even  the  hhwihf 
hand ;  but  kt  it  be  the  blazing  torch  of  the  mid' 
night  incevdiiiry  ! 

Welore  the  arrival  of  the  tirnea  in  which  by  iti 
gross  abuse,  the  oidf-r  of  knighthood  cen^eii  lo  bo 
an  honor,  thoan  who  tad  «chipved  that  leinor 
wi.'re  accustomed  to  swear  an  onth,  and  to  n\sent 
it  6y  their  knigh/hood.  Hut,  gentlempn,  when  T 
first  read  this  celebrated  depusition  of  the  Knight 
McNab  the  conviciion  fastenf  d  upon  my  mind 
that  7m  was  a  wear:.  or  hin  knighthood. 
Mr  Hall  th^n   oonuued  hi>  exammatonor  Mc- 

Nftb'a  alfidavu,  ..nd  those  which  followert  u,  and 
contunded  that  neiiher  ihey,  nor  any  of  ihem, 
wer«  en'itled  to  vceight  or  credit  with  tne  jury. 

More  ihon  any  other  one  point  contained  in 
these  de(Kiiiiiiin-,  did    Ihe    declurations  of  retist- 

Biice  Ml  the  pari  of  those  on  board  the  C'iroline 
astonish  him.  They  wero  so  wholeoale  aud 
grou'idleei,  that  they  forcibly  brought  back  to  his 
r»C'.>liFCtiiin  what  Sterne  put  intu  the  mouth  of 
my  Uncle  Toby — 

"  Our  array  hwoto  tkrribly  in  Flandttrs !" 

But  gentlemen,  they  iwore  a  great  ileal  harder 
ill  Ctiiadt. 

After  reviewirg  this  masji  of  documentury  evi- 
dence, Mr.  Hall  contended  thtit  it  fell  lar  short  of 
relioviiig  the  jur\ — indeed,  it  did  not  begi»in>  re- 
lieve the.m— of  the  duty,  the  necesaily,  of  iindii  g 
a  verdict  of  c  invicnon. 

Mr.  Hall  then  psased  on  to  the  ronsideration  of 
the  testimony  of  tl  e  Morrison  fanii\y,  produced 
to  SU8MIII  the  alibi  set  up  for  t:ie  defence,  at  d  the 
collateral  evidcoci  adduced  to  corroborate  wha  . 
WHS  sworn  to  in  that  b^-half  by  ihar  family.  In 
nference  to  the  testimony  of  the  Morrisons,  he 
cautioned  the  jury  that  they  viill  consider,  in 
weigiing  that  testimony,  the  Known  and  but  too 
luccessiul  irfliience  which  McL«od  h.d  obniined 
over  that  fsniily.  aud  every  ioemb«r  of  it.  H  a 
connection  with  that  fomd'y — illegitimate  the  ugh 
it  may  be— one  of  the  daugh'ers  living  with  him 
u  but  wife,  and  making   tha'  hooM  her  home— 


«7 


wu  •  oirrumiUDCc  which  wai  well  entitled  tn 
thfl  roiirderation  of  the  jury.  Be*i(io%  whni  io4ili 
htm  to  Morrmun's  hoiiie  that  night?  The  Uarnvd 
(oniiael  bad  wai'ed  in  van  for  an  riplunation  «f 
ThiM  pr<q>iiry,  either  frum  the  witnenaet  or  thn 
coil  trl  on  the  nart  of  the  privonrr  'I'wii  u  he- 
fiire  had  he  mado  untuctteftfal  attempt-*  to  rcacit 
Niagara  Falla  (or  thn  irunaaction  of  nnmnek*  — 
Thin,  according  to  hit  own  khowiug,  Wha  Iiim  toirH 
ntit  inpl.  Why  did  lie  al  ur  hia  purpr)»e,  turn  off 
)ii«  route,  and  so  tu  Morriaon'ii  at  Staii>li«rd? 

In  reference  i-o  the  Morriioii  te«(ia  o(iy,  Mr. 
H>ill,afu>r  an  able  and  fnir  piuminHtion  cHmt^ 
to  the  connluaiun  that  tnutakeoj  the  nifj;hl,hv  woul'l 
not  tay  perjury,  for  he  did  not  tliiiK  »<>,  porvaiteil 
it  all,  and  l«d  thpm  to  swear  ut  events  uu  om-urring 
at  their  house  on  the  ni^ht  and  inuriiing  of  th«i  do- 
Hirurtiiin  of  the  Carolino,  the  nv.  uttvucfn  rf  iiri 
all)  gniher  ditiorcnt  ocoaaioit.  Tiii<y  arc  pnved  to 
hivti  been  all  roixtHken  aa  to  the  fttctvworn  to  by 
them,  ai  U*  the  prikonor  being  at  their  liorae  on  the 
iii|ihiof  the  21  Jwiuary  folloAiriK;  and  thoy  c%n 
juntaa  eaaily,  and  are  equally  liatile  tibc,  mi*- 
taken  aa  to  his  being  thero  oa  the  night  of  ih .  2'Jih 
December. 

In  reference  to  the  teitimony  of  the  witnecaea 
M'Lean,  Stotking,  and  others,  which  went  to  cur- 
Mlmraie  the  temimoiiy  ihowing  the  Rhkonce  of 
jMcLeod  from  Chipp^-wa,  on  the  29th  Decemher, 
Mr.  Hill  argued,  with  great  ingenuity  and  force, 
and  soMwnteaded  to  the  jury,  that  it  may  tiave  all 
been  honeutly  given,  though  miitakcn  in  (ximt  of 
time  and  point  of  circumstance  in  some  reupocta, 
and  in  othera  might  be  true,  and  ftill  nut  ini3oii8i«- 
tent  with  the  return  of  the  prianner  to  Chippewa, 
the  same  nicht,  even  though  he  did,  as  contended, 
leave  that  place  at  5  or  6  in  the  eveuini(  in  the  wa- 
gon of  the  witness  Pro  tie. 

In  hia  comments  upon  the  depoiition  of  Col. 
Cameron,  Mr.  Hall  introduced  some  coilatcral 
circumstanres  a«  beiiig  in  hia  evidence. 

Mr.  spencer  interrupted  him  to  correct  him. — 
Nothing  of  the  k:nd  is  contained  in  Mr.  Cainoion's 
drpoaition. 

Mr.  Hall— I  think  it  ia  in  hia  deposition,  or  at 
least  in  a  jroe  portion  or  other  of  the  testimony. — 
At  any  rate,  you  stated  the  circumstance  in 
your  opening. 

Mr.  8pencor — No,  sir,  I  made  mention  of  no 
such  thing  in  my  opening.  You  w. 11  find  it  cor- 
jectly  reported  in  Thk  8un,  and  I  am  willing  to 
stand  or  full  by  it  as  you  find  it  ihi  re  published. 

Without  further  dispute  Mr.  hull  waived  the 
question,  and  proceeded  with  his  disciunion  oi  the 
lentimony  of  ine  witnestes. 

Atter  disposing  of  this,  Mr.  Ha'l  paused  to  the 
voluntary  statement  made  by  the  pr;«oi'er  before 
Judge  Bell,  and  his  depositions  bcfoie  Judge 
Buwen-  In  these  the  learned  gentlem  n  pointed 
out  mmy  coniradictiona  to  the  d  rect  testimony  of* 
his  own  witnes^ea,  many  incungruities  and  in- 
cunsiktencies  with  each  other, and  which  were  in 
direct  contravention  to  the  facts  proved  by  the 
cloud  of  witnessea  who  bad  appeared  on  the  part 
o:  the  people. 

From  these,  Mr,  Hall  psased  to  a  general  re- 
view of  the  case,  as  presented  in  tne  aiugle  point 
to  which  it  now  stood  reduced —have  ten  num.  com- 
bined and  entered  into  a  combination,  cmntracted 
b  story  to  aweitr  away  the  life  of  a  man  by  di- 
rect, aystematic  and  damning  perjury,  or,  rather, 
are  not  Capt.  Morrison  and  his  wife  mtstaken  in 
theirrecollectionof  the  night  which  the  prironer 
DMsed  at  their  house?  No  rational  mind  could 
heaiMite upoa  •decision.    It  waa  a  thing  impossi* 


hie,«U«rZyirnpo.Nihl(i, that  ten  men  could  frame 
and  otirry  iriiu  elF^ct  such  a  i  imnpirariy,  wiiiioui 
the  iiHitrcliing,  all-peneirating  KcrHimv  '>i  the 
learned  counieiol  the  priio.ier  i<  i  iii){  ih«' r  c<m. 
kpiracy  to  Hlouis,  and  «  xp  min?  lli"if  iierjinwl  ful- 
Biiy  u>ilie  day's  li<ht,  eveu  from  ii«  tir^i  cuicep- 
tioii  lo  it«  lull  friiiiion 

After  a  few  and  eiceedinglv  olnqncnt  rrwiarks, 
urging  up'in  the  jury  a  fair,  iiiihutsrd,  and  n  it^ar- 
le>s  diNctiitr«!eoi  ih«  great  and  iinpurtiuitdut  ,  the 
coiiMUiiiiiiittidn  of  which  was  now  all  tiii.t  \v  >u  left 
forth-ir  pticrormiince,  Mr.  (IhIi  t'i«,k  lii«  lotveof 
iheni,  Willi  bin  liHirifelt  thanks  tor  the  pat  *nce. 
atteiiiiin,  and  'ttiairtuity  tht^y  hid  inuMt sted 
ttiro'ighoiit  this  lahunous  and  pr.itmcteo  in  il 

'I'iie  .(;()iirr,  wiitiou'  comiiieiK^iiig  iu  <h«rgo, 
hero,  ailiklf  past  twelve,  n<tii)iirried  foronp  h  'iir. 

'ri.ni.si(A  Y.  iwod'o  ork. 

As  it  was  known  that  Ji.d.(e  (i:i>'iov  would 
rhurg.)  iMe  Jury  this  afternoon,  t oh  Court  Hoiisn 
wa*i  cMwded  with  anxiout  Hiidiiorii,  n  larpo  pro- 
portion of  them  b^ing  ladien,  whu  presnit> d  an 
ample  dinplay  of  beiuity  and  inrelliguiirF,  manv 
of  thH'u  titiuig  fair  enough  t<<  eicitd  .ine  mgli  wnon 
we  rellQctcdihat  in  nil  piolmbility  we  would  ne- 
ver agiiin  lo'ik  on  their  lovely  f«r(s 

At  a  few  minutes  aflor  t^A .■  o'clock  Judge 
GftiuLicr  rose  and  delivered  the  loliuwuig 

CHARGE. 
Gentlemen  of  the  Jury. — 1  congrntnlate  you  on 
your  at  length  arriving  at  the  prfHOiit  singe  of 
this  long-protrnctcd  trial.  After  v.'ur  patii-nie  ha- 
ving been  drawn  upon  for  six  days  in  iintemng  t) 
the  trial,  and  a  day  and  a  half  in  hearing  the  ar- 
guments (if  couniiol.youhaveatlastiirrivoil  ntthut 
ficriod  where  yoti  are  called  on  to  diomarge  Vie 
ast  and  deeply  solemn  duty  which  devolves  upon 
you.  I  congratulate  you  also  upon  the  nunpicioua 
circumntancos  under  which  you  approach  tuu  per- 
f  irmance  of  thm  duty.  We  kn'>w  itist.uo  thui  a 
deep  and  feiv.d  interest  is  felt  in  tiis  case 
throughout  the  ontiro  land.  We  are  aJBi  uwara 
that  a  portion  of  the  public  press  haf,  Irom  the 
lorumencement  of  this  controversy,  itemed  with 
inflammatory  and  piissionate  ariinle^.  Wc  have 
likewise  hoard  of  popular  commotions  in  variouH 
parts  oAhe  CO  inty  where  the  indicitnent  against 
the  prinoncr  was  found.  Still  though  thosn  dia- 
turhii>gin(luencus  may  prevail  eUuvxherc,  we  can 
at  least  B«y  that  (bev  havenot  entered  ihe  soitma 
tenii>le  of  justice.  If  the  waves  ol  exi^ite'l  pcpuiar 
fHeliughive  swept  along  in  otier  quirtiTx,  they 
have  not  reached  the  poitils  of  this  nuilo'ini;,  con- 
secrhted  as  it  is  to  the  faithful  ndministration  of 
that  jiiBtice  to  which  trie  people  and  the  pn&oner 
alike  ap(ioil.  During  the  prtceedingH  here,  it  may 
aUobe  remarked,  we  have  seen  at  e  tive  aiKiitora 
in  the  persjna  of  loyal  subjects  of  G  ear  Bri  ain, 
who,  nut  ong  since,  were  in  arms  in  <  efence  of 
their  soil,  and,  oti  the  otherh*fid,  wo  had  the  pre- 
sence of  more  than  one  diatitiguishcu  f  ctor  >n  the 
scenesuf  t>liv>d  audsufler'ng  cunnecled  with  ihe 
recent  abortive  atienopt  at  revolution  in  the  Ca- 
nadian prftvince9,yer,altbough  these  individuals  es 
well  as  others  who  have  been  present,  muutb.bve 
been  ^eeply  interested  auditors  aud  spectatira  of 
what,  has  occurred,  not  a  syigle  murmur  has  been 
htard— nota  single  ebulition  ot  excited  feeling  has 
escaped.  All  Iiua  been  quietnets  and  giMid  order, 
?.nd  a  signal  proof  has  been  given  ihst  hern  is  a 
spot  where  justice  can  be  purely  ad  minis  tore  d.aud 
that  here,  it  no  where  else,  the  decision  of  an  up- 
r  ght,  intelligent,  and  honest  jury  will  be  acknow- 
ledged aovereign  and  aupreme.    Itia  ur.'ie-  thete 


M 


26 


aoijticioui  cironmoUncea  that  I  invite  voar  atton* 
«ioD,  gf  iitlonien,  to  tlit>  qiieiiiona  connaotaa  witb 
thii((r«iat  nn<l  important  cue. 

All'uv  mmo  oirer  a  aingle  additional  patting 
remark,  and  it  it  this— in  order  to  appreciate  prop- 
erly »he  qiiontionton  whirliyou  are  to  pronouinn 
7our  j  iilij  nn'iu,  it  will  be  necPHinry  that  yoH  should 
keep  your  mind*  enlirfly  iineinhnrrH»»fd  by  the 
conwidfration  of  other  matters  which  have  in  reali- 
ty niilhing  whatever  to  do  with  the  merits  of  iho 
case.  The  coiinael  on  one  tide  and  the  other,  an 
it  was  ihoir  duty  and  rizht,  have  preaented  oaqh 
argumurita  andditcut.ed  iiUchtooictB's  they  deem- 
ed likely  to  nerve  the  intercata  of  the  parties  v/hdiii 
they  represent.  But  the  tribunal  which  tries  hus 
also  diiiiest)  peifjrm,  altogeiher  ditTerpnt  (rum 
rtiotto  iricuiiihent  on  the  advocates  entrusted  wjih 
the  iiitereaisof  tlioso  wtio  are  patted  a>  its  bar. 
The  oa»e  of  thi»  prisoner,  jienilcmen,  1  may  sim- 
ply Biiv,  is  10  he  tried  like  that  of  any  othor  per- 
son indicted  for  the  same  oiTence. 

The  first  qutsiion  it— has  any  murder  been 
commit' ed  ?— and  the  second  question  is— is  pris- 
oner at  t  le  bar,  guilty  of  that  murder  ? 

On  the  first  <|iie»tion,  geitlemen,  the  Supreme 
Court  of  tbis  State,  as  you  have  already  learned, 
during  the  prcgrc^is  of  the  trial,  have  pasted. 
Their  author. ly  is  b'nding  on  youarH  me.  Vi'o 
arc  selling  here  to  dtKpen«e  jus:ico  in  the  Circuit 
Court,  and  must  be  gjverned  by  the  deci'*ioii  of 
that  superior  tribunal,  whioh  has  sent  d  jwri  this 
issue  to  be  tried  here,  Ttiat  then  is  no  longer  an 
open  question,  but  an  adjudicated  one,  and  with 
it  you  have  no  concern. 

^The  circumstanresoutof  which  thia  inHictment 
originated  are  briefly  ttiese  : — In  Dec.  1837  a  body 
of  Canadian  refugees  and  American  citizens  occu- 
pied iMavy  Islana— 'fortified  themselves  there  and 
opened  a  cannonade  upon  the  Canadian  mainshore, 
where  some  2500  or  3000  men  were  assembled  to 
protect  their  territory.  Aid  was  ufTercd  tj  these 
occuptnts  of  Navy  Inland  by  certain  idividuals  in 
Buflalo  ;  and  one  Willitm  Wells,  the  owner  of 
the  siearabnat  Caroline,  for  the  purpose  of  promo- 
ting his  own  interests,  as  he  swears  before  you, 
had  the  Htnamb  lat.  cut  out  Irom  the  ice  where  it 
lay  in  Buffalo  Creel(,and  on  the  mcirningof  the  29lh 
of  D  c. — ihe  faial  day — ;hat  boat  made  her  fi.at 
trip  from  BufTdlo  to  Schloaser,  touching  at  Navy 
IsUnd  ;  and  that  after  tdat,  on  the  same  day,  she 
made  two  tnpi  to  Navy  Island  from  Schlosser— 
that  it  was  instrumental  in  carrying  arratd  men— • 
arms— provisions — and  one  piece  of  ordnance  tj 
N'avy  Inland: 

Farther  ttien  this  it  does  not  appear  that  the 
Caroline  was  instrumental  in  promoting  the  inte- 
rests of  the  occupants  of  N.avy  Island.  Now  the 
colonial  authoriiies  in  Canada  siw  flc  to  regard 
this  boat  as  a  portion  of  the  armament  of  \h»  in- 
surgents, and  resolved  to  destroy  her  Sir  Allan 
McNab  the  commander  of  the  Provincial  force.s  at 
Chippewa  ordered  volunteers  to  embark  in  boats, 
of  which  frve  reached  rhe  Caroline  and  from  them 
she  was  hoarded, .  whilst  her  peaceful  occiipanis 
were  asleep  in  her  benha,  and  wi:h  cutlasses, 
board  ing-piKea  and  fire-arma  the-  attacked  pirty 
chased  itiii  persons  on  board,  wounding  tome,  kill- 
ing one,  and  wtiether  others  experienced  tuesame 
fate  we  know  not— and  then  aving  set  fir^  to  ihe 
boat  the  attacking  party  sent  her  over  tiie  *  Falls." 

This  is  a  briel  hutory  of  the  transaction  so  far 
as  it  is  necessary  for  you  to  consider  it  for  the 
purpose  of  understanding  and  deposing  of  this 
case.  The  acts  I  have  delcri^ed  are  held  hv  the 
PQKOA^r'o  couoael  to  bav«  teen  ^loaaed  in  the  in- 


dividual  performinK  them  for  the  ratton,  HVat,  be- 
cause these  acts  were  authorixed,  and  secondly, 
because  done  in  telf-defeuce,  and  again  bei  au«e 
the  whole  tran«acii>>n   has  already  become  the 
subject  cf  negociation  between  the  two  govern- 
ments, so  a*  to  deprive  thia  court  of  juri>  diction 
r)vcr  the  oti'e  ce.    These  arguiiienti  have  been 
laid  before  the  8up>eme  Court,  and  thit  conn,  af- 
ter great  research  nnd  delihernre  conkidn  atlon,  I 
pronounced -tt'nt  this  actof  the  killing  of  Durfee,  | 
all  hough  performed  in  the  prosecution  of  an  enter- 
prise like  that  I  have  already  descrit>ed,  was  mur- 
der, and  it  follows  thou,  (^entiemen,  that  all  who  I 
Were  engaged  in  it  are  guilty  of  theaaiue  iifrtiiii;(<, 
and  it  is  not  necessary  ttiat  the  arm  of  McLeod 
should  have  struck  the  latal  blow,  to  render  hiin 
guilty.    £nough  that  he  was  engaged  with  others 
in  that  enterprise.    Tni4  question   then  is  to  be 
excliidfd  from    your  contideratuin     It  has  it  ix  | 
true  been  dwelt  o;i   by  counsel  on  both  aides  in 
their  opening  addrmses,  and  during  the  progregn 
of  the   ttitl.      I  refer  to  it  however  to  infurmyou  1 
that  it  has  been  already  adjudicated  on  and  it  tec 
at  rest. 

Then  comes  the  question,  the  important  question 
on  which  you  tre  lo  pusv— la  Alexander  McLood 
guilty  of  thatrnurder.  The  Counsel  for  the  Peo- 
ple, havj  preuenied  many  wimesaes  before  you, 
the  tendency  of  wliovu  lestimonv  has  been  tu 
show  that  the  prisoner  is  guilty,  and  in  order,  gen- 
tlemen, that  you  may  iinderktand  and  appreciate 
this  ^testimony,  I  shall  briefly  piare  it  review 
before  you.  I  shall  divide  it  into  two  classea— ' 
the  Tint  branch  embracing  the  direct  and  circum- 
ataniinl  evidence,  other  than  that  arising  from  con- 
fessions connecting  the  prisoner  with  this  charge — 
the  aecond  class  of  evidence  will  consist  entuely 
of  confessions. 

The  first  witness,  gentlemen,  who  baa  testified 
before  you  is  Gdman  Appleby.  He  it  the  only 
witness  who  was  on  board  of  ine  boat  at  the  time 
of  the  attack.  He  was  the  captain  of  ihe  boat- 
he  slept  in  the  gentlemen's  cabin-^he  wai  awoke 
a  littlo  before  midnight,  as  he  thinks  by  informa- 
tion that  there  were  boats  approaching — he  arose 
and  par  ia'ly  dressed,  made  his  way  up  the  stairs 
till  lie  founi  Ma  farther  progress  arrested — he  re- 
treated, but  ugam  returned,  and  had  opened  the 
door  about  a  foot  wht^n  it  wus  violently  pushed 
open  by  some  one  outeide,  who  tr>en  made  a 
plunge  at  him  with  a  sword,  which  glanced  along 
two  of  his  vest  buttons  and  struck  against  the  me- 
tal button  of  his  pantaloons— he  was  considerably 
excited,  but  in  that  momentary  glance  he  saw  the 
features  of  the  man  thus  attacking  him,  and  his 
impression  then  was  that  the  individual  was  Al- 
exandier  McLeod )  but  with  all  commendable  pru- 
dence and  caution — for  vynich  I  honor  hira— this 
wincss  tays  that  amid  the  agitation  of  that  mo- 
ment, and  in  that  hasty  glance  which  passed  in 
the  twinkliog  of  an  eye,  he  cannot  say  that  it 
wai  AlcLeod  He  had  orice  bi^iiire  sef  n  the  pris- 
oner in  Bufifiio,  and  it  struck  him  at  the  time  that 
his  appearance  was  similar  to  that  of  the  iudivid- 
tial  who  thrust  at  him,  but  it  was  only  one  hurried 
glance,  and  be  immediately  replied  to  the  ques- 
tion of  counsel  when  on  the  stand  here,  that  he 
could  not  say  that  it  was  Alexander  McLeod. 

The  next  wituesa  is  Samuel  Urown.  He  reaid- 
ed  at  Chipp»wa,  and  was  engaged  la  tending  bar 
for  one  Smith  who  kept  a  tavern  mere—  and  he 
says  that  he  went  up  on  tue  evening  of  this  tran- 
aaction  to  what  is  called  the  "CuV*  and  ap  the 
Niagara  river— that  he  waa  st  the  «Btnaceof 
thia  "cut"— Uut  JWB  waa  at  th«   ^saoMhliphtw 


reuon,  fIVat,  be- 

and  tecondly, 
i again  beiau** 
ly  benuma  tlie 
he  two  govarn- 
t  or  jiiritdrciioQ 
enU  have  been 
(id  Umt  citnti.  at- 

connidnation, 
illing  of  Durfeo, 
tion  of  an  entar- 
inbod,  wta  mur- 
nn,  that  all  whu 
heaacue  uffaiivv, 
arm  uf  McLeoU 

to  render  hiin 
ged  with  oihfln 

then  ia  to  be 
II  It  haa  It  ix 
•n  both  tideii  in 
rig  the  progrPBn 
Br  to  infurni'vou 
ed  on  and  ia  ■«( 

iporlant  queation 
ixander  McLcod 
ae]  for  the  Peo- 
laes  before  you, 
Jv  hai  been  to 
id  in  order,  gen- 
and  apprec->ate 
Jiace  it  review 
t  two  classea— ' 
ect  and  cireum- 
arising  from  con* 
ith  this  charge— 
contiat  entuely 

vho  haa  teitified 
Heia  the  ohlf 
boat  at  the  time 
in  of  I  he  boat— 
—-he  was  awoka 
inks  by  informa- 
chmg — he  aroHe 
'ay  up  the  stairs 
arremed — he  re- 
had  opened  the 
violently  puahed 
>  then  made  a 
:h  glanced  along 
L  againat  the  me- 
raa  considerably 
ance  he  saw  the 
>ng  him,  and  his 
dividual  was  Al- 
mmendable  pru- 
hoiior  hira— thif 
ion  of  thatiBo- 
^'hich  pasaed  in 
not  say  that  it 
re  sern  the  ptis- 
at  the  time  that 
it  of  the  iudivid- 
>nly  one  hurried 
kI  to  the  qaes- 
)d  here,  that  he 
)i  McLeod. 
>wa.  He  reaid- 
IB  tending  bar 
I  tbere—  and  he 
ng  of  this  tran- 
4'/'  find  up  the 
Che  «Btnugtceof 
|l}eacon>lifht>^ 


S9 


oaw  the  boat!  paating  intothn  ''Cut"— and  tbrn 
he  thinks  h»  reiogniied  M  Luod  nnioiigot  te  par- 
ty embarning  in  the  bnats— ii  was  dnrK— but  the 
wiinesa  espresaH  the  c*<riainty  uf  his  belief  ttint 
he  then  and  therr  law  the  prisoner.  He  lays  he 
went  friim  there  to  Uavio'  tn%erii,  where  apurtion 
of  these  personr.  came, and  thereby  a  l>ght  which 
shone  from  v^iinin  tha  bv-roum — or  by  a  light 
out  on  the  ao'tp,  alihuiigh  he  cannot  remember 
any  light  hnnigingout  there — tie  proiensea  tohuvo 
seen  itiero  ugaiit  Alexindcr  M'L<><>d.  He  tlieit 
says  that  the  iicxt  m>ri;fing,  ^eni lumen,  bcttvccii 
daylight  and  sun  rue,  he  heard  someot  the  men 
in  the  tavern  talking  of  McLeod's  boinir  wounded, 
nod  was  over  on  the  opposite  stoop — the  witness 
)a'ike<l  nnrntH.  h»anid,  and  then  I  hour  M  lie  axain 
recii|;niaed  McLood.  He  says  lie  went  over  to  see 
whether  McLeod  was  wounded — he  saw  no  one 
npparently  wounded,  and  did  not  see  inm.  He 
WAS  then  inquired  of  in  relation  to  the  dt-gree  of 
certainty  with  which  he  could  say  thnt  tho  mun 
whom  ho  saw  was  AIcLood — and  he  said  in  reply 
that  "he  saw  a  man  whom  he  called  McLeod.  An- 
other queaiion  wad  put  to  him,  and  he  thon  s«id  "I 
mean  that  I  am  sure  tliat  it  wsa  M'Lend,  aa  that 
he  now  sits  before  me."  This  ia,  gontlomen,  hia 
testimony.  Ke  submitted  to  a  long  croaaexaroina* 
tion ;  and  how  far  it  went  to  aliake  your  confidence 
in  hia  atatementa,  it  ia  your  pruvin  e,  gentle- 
men to  decide.  'I'here  is,  however,  one  consid- 
eration which  I  will  submit  to  yoj.  It  is 
this,  thst  when  you  are  to  judge  of  the  cred: 
to  be  attached  to  the  testimony  of  a  witness,  it  is 
right  and  proper  that  you  should  observe  his  man- 
ner on  thp  ataod— the  degree  of  intelligence  which 
he  exhibita — the  amount  f.f  powers  of  observation 
and  acuracy  of  recollection — and  having  done 
ao  you  are  to  decide  whether  hia  answers  satisfy 
you  that  he  is  honest,  and  on  the  whole  whether 
hia  atatementa  are  of  such  a  character,  when 
taken  all  in  all,  that  you  can  toly  upon  tbein — 
and  if  not  aufHcient  to  satisfy  you  altogether,  you 
mustdecide  in  how  far  you  should  allow  what  de- 
gree of  confidence  you  roust  repooe  in  hia  'esti- 
mony,  and  that  you  will  bestcjw  on  it  and  nu 
more.  It  ia  argued  by.  the  prisoner's  counsel  that 
the  degree  of  darkn'iss  .which  prevailed  then,  and 
ia  testified  to,  waa  auch  va  made  it  exceerljngly 
rash  for  this  witueaa  to  pronounce  so  coiifidently 
that  he  was  able  to  recognise  McLeod  as  well 
there  aa  here  to-day.  It  is  also  argued  that  he 
stands  before  you  impeached  as  to  his  character 
for  truth  and  veracity.  And  to  sustain  this  im- 
peachmeHt  witnesses  have  been  called  and  have 
appealed  before  you,  and  teau£ed  that  he  lives 
near  the  residence  of  thia  witnesa,  and  be  aaya 
that  he  heard  him  apeakingon  thia  subject  I  tliink 
at  some  former  period,  when  aubposned,  and 
among  other  things  he  aaid  he  knew  nothing  in  re- 
ference to  this  tnatt:r  that  could  do  McLuckI  any 
harm  or  any  good.  The  statement  which  he 
makes  of  what  ha  said  ia  aomewhat  qualified.  It 
ia  remarked  on  the  ether  4iand  that  witnesses  who 
are  subpcened  frequently  make  careless  observa- 
tions, and  that  this  person  being  a  poor  man,  might 
wish  to  avoid  attendance  on  this  trial.  Thia  is 
very  true  that  persona  often  make  carelesa  re- 
marks, and  had  Drown  made  auch  a  statement 
inpreaence  of  any  one  who  could  have  excuaed 
him  from  attending  here,  then  the  plea  of  counsel 
would  have  been  entitled  to  greater  regard  from 
you.  If  ilk  truth  the  f'^cts  which  he  has  here  sta- 
ted were  remembered  by  hira  at  that  time,  then 
t '  ey  were  all  facts  material,  and  he  could  not 
haveMuAewntteaUy  witb  tritth  that  lie  knew 


nothing  of  BuffiR*ent  importance  to  harm  or  benaflt 
t'lo  pri*on«r.  'I'his,  geoilemen,  is  the  riirnt  of 
Mint  individual's  tesnmopy.  You  are  fn  tnke  it 
into  your  considerattiiii,  and  are  to  exerrisp  yonr 
jiKlRini-nt  in  rx'drciH  e  to  the  cU'ort  U  mav  have 
in  dolraciiiig  from  your  ronhdtmco  in  the  evi- 
tience  of  Drown  I  niav  add  that  in  order  m  res- 
ton-  yiMir  c<infiden<-e  in  L)  owo,  Kates  wa-*  ques- 
tioned, and  in  reply  stated  that  that  indivuliial's 
clinrficter  for  vj-rncity  hnd  latterly  improved— that 
f(irme:ly  ho  had  been  au  intemperate  mun;  but 
was  now  rnfirmrd. 

The  next  vvuness,  gentlemrn,  is  Isaac  P.  (  arson. 
He  is  a  iimive  of  this  t^late— a  carpentor  hy  trade 
— he  had  been  at  thippewa  in  prosecution  of  hia 
bukinena-  h4  tet^iiftes  that  he  waa  at  Miicklin'a 
sv>re  oil  he  afternoon  of  the  ^Dth  of  Oecnmbsr, 
3837— that  lio  there  saw  Mogin,  Ush*  r  snd  the 

Crisonor  pasking  out  qf  Dtvis'— triat  he  alno  saw 
iin  next  niort.irig  at  uunrise  with  otturs,  on  (He 
"stoop" — that  lie  wrs  at  some  little  distance — that 
he  could  see  only  his  head  and  shoulders — ihat  he 
was  telling  of  his  ciploi  a,  and  saying  th^t  he  had 
killed  a  d— d  yanUee — that  ho  sov/  him  bgmn  two 
or  three  days  afierwardt — that  he  thon  said  be 
would  liko  to  be  on  another  such  expedition,  and 
burn  SufTilo.  This  ia  an  analysis  of  ttiis  wit- 
nessea  testimony,  which  ia  spread  over  levtital 
pages  Qf  my  muiutea.  You  well  recolloct,  gentle- 
men, tliia  witnessea'  croaa  examination,  a^  d  will 
judge  how  far  that  weakened  the  force  of  the 
atatementa  made  by  him  on  his  direct  exanviiation. 
There  is,  however,  ono  point  that  demi  nd*  your 
particular  attention.  This  witness  vjoa  inquired 
of  as  to  who  else  were  present  when  he  neard 
McLeod  flourishing  and  boaHting  of  having  killed 
a  yankeo.  At  first  the  witness  could  not  recollect 
any  one  ;  at  length  he  said  he  could  imine  one 
Caswell.  lie  waa  then  asked  whether  ho  was 
present  at  thia  trial  upd  he  aaid  yes.  lie  was  then 
asked  when  it  first  .ccurred  to  him  that  ho  saw 
Caswell  there  that  morning,  and  he  confetsed  that 
it  was  that  very  moment.  The  cross-examination 
was  protracted,  and  in  the  course  of  it,  it  came  out 
that  he  had  cimveracd  with  Caiwell  as  late  as  the 
morning  of  (he  day  on  which  he  testified  on  the 
stand  before  you  ;  that  thoy  talked  of  the  hff«ir  of 
ttie  Caroline,  and  that  CasweiH  infurnicd  him  that 
ho  was  there  that  miming  It  mnv  bo  thac  that 
waa  all  true,  and  ttiat  it  really  d  u  not  occur  to 
him  that  Caswell  was  there,  till  the  niomrnt  the 
question  was  pat  to  him.  Cut  you  are  to  judge  of 
that. 

The  next  witness  is  Chart ei  Piirl.es,  bar-keeper 
at  Davis's  Tavern— he  testifies  that  ihe  prsjner 
went  to  bed  at  Davin  o  tavern  early  in  the  <lay  and 
got  up  between  8  and  3  o'clock  in  the  evenng— 
that  a  gentleman  called  for  him  and  he  viei  t  out 
— that  half  an  hour  or  three-quarters  of  au  hour 
afterwaidd  he  saw  him  between  Davit's  arid  the 
Chippewa  creek— that  a  good  miiiy  people  vicre 
on  the  rosd— tliat  McLeod  went  into  one  of  the 
boats—ithat  at  about  sunrise  next  morning  he  saw 
him  at  Davis' t — that  he  again  saw  him  a  tew  days 
afterwards  in  the  officer's  mess-room,  and  tliere 
heard  him  siy  that  he  had  killed  a  d— d  Yai  kee— 
or  something,  like  that — &t  the  close  of  his  «xami- 
nation  this  witness  was  uked  whether  he  could 
sav  with  considerahlo  certainty  that  he  saw 
McLeod  at  the  "  cut,"  and  he  said  he  cou<d— he 
was  asked  fuither  and  said  he  had  no  doubt  of  .it 
— he  also  stwea  that  it  was  pretty  dark  that  night 
—and  testifies  aUo  to  other  things,  on  aciount  of 
which  the  counael  for  the  prisoner  contends  ]roa 
should  take  hi*  teatimony  withcoasideraoie  grain* 


so 


of  Kll(twan'*e — hettitiflaiM  tn  h<i  knowlrdfi*  of 
M(!L»u(i— and  Binong  ttt^ier  tbmgi  tmy*  thnt  h« 
onr«  w«M.t  to  •*«  him  in  comptny  wit>»  »  bmihnr- 
id-lwvs  whom  hn  not*,  tmDniiiid  ■«  n  wttiPiN  iriciMO 
till  Kvidniirn  wtue  iiAfnutiirv — iNat  money  wna 
ptid  i<i  M('L(«i)<l— hilt  iiUhiiU)(h  Ma  w«r.t  hn  n  w.t- 
lUM*  honiniiol  rocollenl  tho  nmoii'it  <if  the  money 
l>tid>>M  itio  o.ciuioii.  Ii  IN  nUo  firgiii<d  thxt  ilia 
Witt  o  ■  ini|i  n  very  fx'jinriiiiia'y  atory  in  rol«lion 
t'»  t'  o  iiirtiiior  in  wtiicti  li«  tma  *t>een  ii.d  immI  t> 
ni>|i«iiir  'lure  -tlint  hu  MiMrr>il  trmii  homo  ti  ni<>ko 
rortii'i  piirrha'CH  in  liulFilo — Hiit  ho  MiBppeted 
Kd  rooiiH  whoari'oalo  I  himoii  ihowavwit*!  tlio 
doM.gii  "f  arroHlmg  hnu  louiiNiiro  hia  Hte  d>iiirn  na 
awii  OMon  itiia  irial — that  ha  lotnni'd  h<>m« — 
Agan  "(^tnut  and  wa«  arrea  od  in  Huil'tlo  before 
hnhi'i  liino  tdtranaactariy  huaiiie  a— that  fu'ther 
ho  «vaH  g  lomrit  ot'tholavi'a  of  thia  SSt'ito,  and  waa 
MO  frigiit'ifiad  t>y  t  e  •llo^ed  re|>rt;iioiiittiiina  »f 
Mr  hiiwley  thai  ha  (Mr.  H)  had  power  lo  en- 
force  It  a  anoiuiunin  hnre,  that  to  roiiaentt-d  t  > 
cnino  All  ih  a  m<y  or  may  not  be  the  iriith.  Thm 
wit(lUt<HHl^<n  tOBttio*  that  bo  waa  aulioiioi  tocoirie 
heo  It/  ptirauua  religioualy  oppoaed  to  botring 
aim*  Mow, gentle jian,  i  b«ve  noopinion  t>  «x- 
preaN  014  t'leae  <>  altera.  You  are  the  aole  j^dijoii 
of  thia  tcatimoay,  and  with  you  I  leave  it 

Th  next  wiine«a  in  Caawell— he  whom  Cor»on 
apoke  oi,  und  Ue  tevMfioa  in  aub*tanoe  that  he  alao 
aaw  Mf.Lood  itiat  morning  at  Uavia'  tavern. 

Th><n  cornea  Quimby — he  ia  the  witneis  from 
Pennaylvania-r-he  leklifiea  that  he  reaided  aome  2 
milea  irom  Chippewa;  that  he  waa  there  on  the 
2'Jth  with  a  load  of  bay,  which  he  add  to  the  Go- 
vernm««nr;  that  he  did  not  get  paid  for  it  at  the 
tune  of  the  aale;  that  he  rem«med  till  evening;  and 
in  tlie  c  lurae  of  ttiu  evening  aaw  the  priaoner  at 
DaviM'  tavern;  that  he  remained  there  from  9  till 
10  o'clock;  that  he  then  atarted  for  home;  atopped 
at  Pet  la' about  m  mileoff  alt  night;  that  he  then 
turned  back  and  waa  again  in  Chippewa  between 
daylight  and  aunriae;  that  he  went  back  to  get 
payment  for  hia  hay  at  the  Commiasary'a  office: 
that  he  waa  going  there  when  he  aaw  McLcod; 
that  he  aaw  him  on  the  *'ridge,"  an^*  *^nt  he  there 
beard  h>m  hoa4t  of  hia  expioita  on  h«  Caroline, 
and  heard  him  declare  that  there  wa»  me  blood  of 
aYanKfeonhia  aleeve.  He  it  qiieationed  then 
aa  to  whether  he  expected  to  receive  payment  for 
hia  hny  at  that  early  hour,and  whether  there  were 
any  p^raona  in  the  office,  and  he  aaid  there  waa 
not;  th>it  he  wiahed  to  be  there  in  good  aeaaon; 
but  did  not  after  all  get  paid,  and  finally  want 
home 

but,  gentlemen,  it  aeems  according  to  the  teat- 
roony  of  Mr.  l/ott,  of  Lottaville,  Fa ,  that  on  one 
ocoaaiun  thia  Quimby  eame  with  another  peraon 
for  the  purpoae  of  m  diking  an  affidavit  before  Mr. 
Lott,  who  11  a  magiatrate,  and  that  that  gentleman 
refuaed  to  take  the  attidavtr,  becanae  Quimhy  waa 
unworthy  of  credit — that  he  went  to  another  ma- 
giktrate  by  whom  the  affidavit  waa  taken  and  aent 
on.  L^tt  aaya  that  he  reaidea  in  Lnttaville — that 
the  reputation  of  the  witneaa  Quimby  while  reai- 
dent  there  waa  very  bad— that  he  waa  not  to  be 
believed  on  oith— and  that  in  informing  the  pria- 
onor'a  counael  of  hia  character,  he  (Mr.  L.)  had 
no  private  motivea  of  revenge  or  malice  to  gratify. 
Now  It  18  said,  and  it  is  true,  that  ordinarily  a  wit- 
ness to  invalidate  the  testimony  nf  another,  should 
becalled  from  the  neighbortwod.  But  you  ate 
the  arbiters  of  this  quosiion,  and  in  your  hands  I 
leave  It. 

The  evidence  of  Seth  Hunman  for  whatever  It 
is  worth,  is  also  befoie  you.    Whon  examined  be* 


fo'«  he  Slid  Mr!  T,A(:d  waa  not  seen  by  him  that 
morning — ho  now  hajra  that  hn  waa.  Vou  will 
giv*  thii  tho  credit  you  deem  ii  de«oiv«». 

Juatio"  F.  T.  Stevem  ia  then  raltud  and  awnm. 
fin  ininnra  that  he  waa  irnteiil  uii  thn  n  ffht  in 
qiiCNtion,  tirtd  ttint  he  inw  thrco  ho\ta  gn  out  and 
rttiiirn — and  he  diktirctly  and  poaiivdy  swenra 
llittheaaw  Mrl.eod  d  aen.bark  at  ihe  beacon  I  u>it. 
I'ha'  i»  n  atatenieiit  \^hich  ia  not  cirrolM-rHiett  by 
oth' r  witnrhH,  and  ia  on  the  contrary  hjatileio 
1 10  atiwi'ini'iita  if  all  thn  othur  Mitnuavra  oa  bi^lh 
i-idov.  It  rn  not  ho  true.  H»  wiia  di«miN»P«l 
from  the  tttnd  Mi  bout  uroia.ex  uiiiiiatiun.  He 
ha<  tetit  fi  d  to  a  d>'libFratefalaeh<K>d— n  faltehond 
for  which  the  pulliniing  plea  of  the  probability  of 
roiatnke  riiimot  he<>(f>ire<<. 

Le«innrd  An>on  \u  ihe  next  witnera.  He  aweara 
thnt  he  atiw  McLo(mI  ot  the  bar  ui  D.ivis'  tavvrn— *■ 
that  thern  were  oth^r*  thrr<4  who  took  part  in  ih« 
rxpodi  ton  »i;ain>t  the  Carolinn,  each  hoattirg'na 
to  who  had  cooinitted  iho  greatevt  crime — that 
there  ho  aaw  M<;Leoit  dtaw  out  hia  pihtol  and 

declare  that  he  had  klled  a  d d  Yankee,  and 

thnt  he  nointed  out  the  bkx  d  on  the  aiock  of  the 
piaiol.  Tnia,  it  ia  eontoiided  on  tiie  part  of  the 
priaoner  ia  an  improbable  story — that  lie  caul  l  not 
uave  seen  t*)«  blood  on  the  piatol.  And  othur 
conaiderations  have  been  submitted  to  you  in  re- 
lation to  the  teaiiniony  of  thia  individual  which 
it  ia  unneceaaary  for  nie  to  dwell  upon  now.  You 
pre  the  judges  of  their  weight  ana  tho  attenuua 
which  should  be  given  them. 

Theie  are  I  believe  the  only  witnesses  belong- 
ing to  the  (irat  claaa  of  evidence  againat  the  pris- 
oner. Thatia,  there  are  the  only  wiinoanea  who 
tea'tify  of  their  own  knowledge  aa  to  facta  unallied 
with  confessions,  which  go  to  connect  MoLeod 
with  thia  entorpriae.  And  the  priaoner'a  counael 
cunterida  that  aoine  of  these  witnesaea  have  been 
impeached,  and  that  others  have  appeared  in  very 
dotibiful  circumbtancea— that  the  darkness  of  the 
night  waa  a  good  reaaiin  why  no  very  grea^  con- 
fidence ahouio  h?  placed  in  the  atateroenta  of  thoae 
teaiifying  ao  positively  that  they  recognisad  Mc- 
Leod  with  auch  curt  iinty.  Ai:d  that  whit  they 
have  thus  proved  ia  enough  to  throw  aoire  aliade 
of  suspicion  on  the  whole.  That  is  the  view  taken 
uf  it  by  tlv^  prisoners**  oannael. 

Whilat  on  the  other  hand  the  counsel  for  tao 
prosetjut  on  insist  that  it  is  a  masa  of  testimony 
which  you  muat  believe  and  which  believing  yoti 
cannot  doubt  trie  lact  of  the  prisoner's  guilt.  It 
is  your  province  to  criticise  all  this  and  pass  upon 
it. 

The  other  branch  of  the  evidence  is  that  cori- 
tainrd  in  the  conteisions  of  the  prisone>;  and 
tbere  is  a  principle  of  law  applicable  to  that  oe- 
Bcription  of  evidence,  to  which  the  counsi.1  for  the 
prisoner  has  directed  your  attention —that  con- 
feisions  are  in  themselves  the  moat  auapicions 
kinda  uf  evidence — eauily  fabricated— and  diffir'ult 
to  be  disproved — liabie  to  be  mutaken — partially 
heard— partially  remembered — and,  unlets  cor- 
roborated by  other  teatimony,  the  rule  adopted 
by  the  elementary  writers,  and  sancttoocd  by  the 
most  dibtipguikhed  uriats,  ia,  that  they  are  the 
most  unsafe  deacription  of  testimony.  Neverthe- 
lers,  they  are  competent  te  be  weighed,  judged  of, 
and  passed  upon  lik-t  all  the  other  evidence  in  the 
case.  I  therefore,  gentlemen,  call  your  attention 
to  the  evidence  of 

Henry  My  era;  »nd  1  would  adimwish  yon  that 
one  rale  by  which  you  are  to  test  the  declara- 
tiona  of  wimeBses,  is,  that  yon  ue  to  aee  whether 


n 


n 


by  him  that 
at.    Vim  will 

I'll  •iid  ■worn. 

(I  Ihn  n  ght  in 
)  tU  go  out  ami 
lively  «we>ir« 
fte  t>«itc<iiiluV.t. 
irrolNirnirtt  by 
rnry  hmtile  lo 
noMiiri  oil  both 
wim  di«miM»r<l 
iiiiiation.  He 
d — a  faliehond 
I  prubability  uf 

PI.  H«  awMyra 
>,ivi»'  tavfrn— 
uk  purt  in  ihn 
ich  huaktirg'iin 
•t  crime— that 
hill  pihtol  and 
d  Yankee,  aod 
le  aiock  of  iho 
(le  part  of  the 
at  liecoul  I  not 
>i.  And  other 
d  to  yoa  in  re- 
dividual  which 

rm  now.    You 
thu  atteuuoD 

InoMea  beionf- 
igainat  the  pria- 
witnoatiea  who 

0  faoia  unallied 
inuecc  McLeod 
Boner'a  counael 
laes  have  been 
ipearcd  in  very 
larknesa  of  the 
very  Krea^  con- 
Boieiita  of  thoae 
recognizfld  Mc- 
■hat  whit  they 
ow  aoire  ahade 

1  the  view  taken 

Bounael  fortae 
a«  of  testimony 
^  believing  yow 
mer'a  guilt.  It 
I  and  paw  upon 

ice  ifl  that  con- 
priione>;  aiid 
ble  to  that  oe- 
counai-l  <or  ths 
lion— that  c(m> 
Qost  auipicioua 
d— and  diffirult 
iken — partially 
d,  unlets  cor* 
)  rule  adopted 
ictioncd  by  the 
It  they  are  the 
ly.  Nevorthe- 
{bed.  judged  of, 
ividence  in  the 
your  attention 

Mwiahyou  that 
It  the  deolaia* 
to  we  whether 


tbnv  are  probiblo— like  what  icen  ia  like  rir- 
cuiiiot  nc4i  w.iulddo. 

'I'lo  !*■(  irt  that  im  one  wcration  vhilit  he  wa« 
pi«-  nil  Niainrn  VuW*  b*  iiu>p^4d  at  a  tavern  and 
mw  iVicLmmJ  withn  nuroher  ul  ouior* — thai  Mc- 
h  ••»  I  wat  ai  inmtt'd  f»V  ni»m«  by  another  ol  ib«>  p»«r- 

ty —  liai  he  b(mlll^d  Vmt  ho  haii  Kilkd  min  •'■ d 

Yai  k^e,  or  r«b'l—  ml  that  le  ni  npuliiMl  the  wil- 
noa"  '<)  "trttiit"  the  puny.  Vtiii  Mill  jmlt^n  ol  ihe 
credibility  of  tlii*  wit  ifHu'HktMry;  bm  ihuro  isone 
thm  •  li«i  Miid  wMcli  buti  nut  bo  n  notu-el  by  any 
of  I  lie  <-oun«*<l,  and  wbui  may  aid  you  in  paimi'g 
jiidgmr'nt  on  h«M  «vid«-n«'e— ho  caid  tb^t  ho  mark- 
ed t  'c  Uiatiirea  of  Mi  Le<'d  well,  aa  he  determined 
to  ii<M  him  in  n  liinilar  manner,  if  ever  he  got  him 
on  tbia  "idi;  oi  the  iionti>*r 

The  nrjit  wiiiiifioi  it  t'ulvin  VViJaiin.  He  it  the 
kee'  xr  oi  a  ft  rry  nt  Youngatown,  in  ('anuda,  and 
he  N  tya  t^>at  a  lew  days  after  tint  dtwtruuiion  uf 
the  tlrolme,  he  went  over  to  Canudn — Aenc  into 
K  bi>  <•■«  wbi  ro  was  a  pemunof  the  iiarne  ot  Riiyn- 
r4>ck,  McLeod  atid  olhora  whom  he  nniued,  who 
h  >d  '  fifix  actor<  in  th<\t  irantaciion,  and  mat  iMc- 

Lrii !  Miiid  one  of  the  d u  rebels  got  bhot  on  the 

whHif.  Thia  wiineaii  bna  been  croa«  esamined  at 
leut;'b,arid  confotaed  iliat  tKoiigba  p  tor  man  with 
a  finely,  he  had  given  9200  to  the  "patriot" 
ciiU'i', and  declintd  antwering  whether  or  nut  he 
hail  larbond  tho  noutiioiis  Lett,  'lo  rebut  his  t<*ri- 
tim>>ny  a  reipoctabln  inbabitnntof  tie  town  of  Ni- 
agiir :,  named  Hamilton,  wni  ptodiiced  and  testi- 
fied t.iai  he  well  knew  K'xyiicuck,  and  that  tlmt 
iridi  vulnal  wta  absent  in  England  at  the  time  aje- 
cifieii  by  Wilton. 

Tiie  next  wltnera  worthy  of  notice  ia  Timothy 
Wheiitoa.  He  wa«  called  by  permiaiion  aftarpro- 
■eciition'ieBted,  the  Attorney  General  auppoaing 
that  ih'ue  had  been  a  revervation  in  favor  of  thia 
wiiiie^a.    He  d«>Doiiea  th-tt  aboiii  a  year  before  he 
bad  none  fiora  Whitby,  Canada,whf  re  Irn  lived,  to 
Niagara — was  near  the  ferry — aaw  McLeod  com- 
ing up  fiom  the  water  aide,  Bnd4be  witneiaed  re- 
merited  to  bim  that  the  aentinela  had  a  hard  time 
of  II  —that  they  then  tallied  of  the  Navy  Inland- 
era — ^nd  about  thuir  number,  tbar  McLeod  kaid 
they  'i«ver  would  havu  the  Caroline  tuere  again, 
and  .idded  ihnt  he  waa  the  lecoud  or  third  man 
who  boarded  her,  that  then  some  perion  a  atian- 
ger  to  witneia  interrupted  the  convenation  by 
taking  McLeod  o(f— that  he  (tlie  witness)  turned 
I    from  the  ferry  recuUeiting  ho  hnd  not  h  paaa  and 
we  I  r>aok  lo  the  town.    Gentlemen  you  ace  care- 
fully lo  examine  th'a  evidence  and  deride  accord- 
ing lo  your  conacientioua  conviction  of  the  truth 
as  i!  rtially  ia.    If  you  believe  ihia  evidence,  not- 
wit<<Htanding  aomeo' jectione  to  it— and  uotwith- 
irig   Home  daducciona  which  are  to  be   made — if 
you  believe  that  it  doea  after  all  present  to  )ou  an 
am  Mint  of  evidence  which  ia  aufficient  to  call  ui> 
the   iiri^onei'  *o   anawer — then   you  are  to  take 
into  consideration  the  defence  opened  before  you. 
And  ir  '.^  undeniable  that  in  looking  at  thia  mast'  of 
evil    i  ".^  ihere  ia  much  that  appears  questionable, 
and  much  of  it  reiaaiua  that  is  not  piiwerfuily  at- 
tached, and  that  doea  bear  very  hard  on  the  ques- 
tion of  the  prisoner's  guilt.    But  pabtting  from  this 
you  ure  then  to  Iook,ai  the  prisoner's  side,  iiecauae 
u  in  ibe  right  of  every  man  put  on  trial  here  to 
present  hia  witneaaes— have  ttiem  examined,  and 
if  he  succeed  in  eatablishing  a  defence,  to  have 
the  lull  benefit  of  it. 

That  defence,  geptlem  en,  is  what  is  called  an 
alSn.  It  is,  in  other  words,  that  he  had  no  part  or 
lot,  no  sort  of  participatitm  ia  this  enterprise.  And 
this,  after  the  disposal  of  the  first  questum  already 


passed  upon,  is  ihe  only  other  ground  of  defence 
t  lat  eiikts.  And  in  my  judnment  no  drgree  ol 
snapiriun  shoU'd  atlacri  hi  u  as  an  original  de- 
fence, bernuks  It  is  aa  I  jusi  SHid  lha<  iiy  defrn^e 
inai  rnioaina  f  ir  Ihe  pri*oiier  at  ih  '  bur.  If  he 
vte'oin  iruih  opmi  that  eipodtiion,  then  is  lie 
K'liiiv,  and  so  yuu  must  pronoimtn  tum  Hiir, 
Ki'iiflemfo,  if  t  e  waa  at  that  iiu.t^  .'>  or  A  or  7 
iiub'M  ilmitnt,  if  he  hitd  no  iiHninpiiit.M  m  ;liai 
•>tiii'r|irike,  the<.  the  sanu- gnat  ^•r<n'-i|ilHi  ofjn«- 
lit;e  r<-q'iire  thai  yuu  kboud*  prunuunco  tiioi 
iiiiioceiit, 

The  evi  lenre  snstaining  this  drfence  consists  of 
Ih^dfitudti'ins  of  iudivulual*  nvowuiily  piniiTipa- 
tiiigthi*oipeditioti,  and  errondly  of  the  oral  testi- 
mony of  Meveritl  individnnla  snowing,  or  tending 
to  ahow,  that  McLeod  waN.  during  the  exarution 
of  tiiiii  enterprise  at  a  disiuni  spiii,  in  another 
own. 

FirHt.  then,  with  regard  to  the  evidence  of  the 
cuiniiiiMiona.  The  prisoner's  connvi  1  is  tif}\i  in 
t»-liiuK  you  that  evidence  tukcn  in  thia  way,  is, 
and  khoiild  be  less  (atisfNcory  than  that  given 
ptuaunally  before  you.  Hut  ho  far  as  the  depoai- 
uuna  themselves  go  to  deacriba  the  individuals 
teaiifying,  you  may  deaire  some  intorraatioii  res- 
pecting ine  Bianding  and  character  of  those  indi- 
vidual*, dome  of  them  are  lawycar*— lome  of 
them  inarinera— -and  some  offiuem  in  her  Mitj<-Hty's 
Ber>iee,  and  by  th^ir  descripiioas  they  sbuuld  all 
be  men  of  character  and  respoosihility. 

It  haa  boen  ssid  that  thi«  commiMsiun  was  a 
"roving  commission" — that  wiinesio*  were  ex- 
aiaiiie  1  whose  namea  bad  not  been  returned  — 
But  mere  was  in  the  spirit  of  liberality,  and  by 
consent,  a  supulaiion  made  that  more  witnesses 
than  thoae  named  m  git  be  eiomii.ed.  It  was  al- 
so hinted  that  some  suspicion  should  attach  lo 
these  (Jeposiiiuns  from  iho  manner  in  whch  they 
had  been  made  up.  [The  learned  judge  here  de- 
scribed the  manner  in  which  tne  commissions 
were  executed,  and  ahowed  that  no  autptcion 
could  properly  reat  uponthem  He  the  •  proceed- 
ed.] ^^e  Attorney  General  haa  noi iced  the  tes- 
timony of  ihoke  deponents  with  sreat  minuteness, 
and  equally  great  ability.  He  has  pointed  out 
where  the  witnesses  have  contradicted  each  oth- 
er or  the  truth.  Fol  instance,  some  saying  that 
resistance  was  made  on  board  the  board,  whereas 
it  his  been  shown  that  there  was  no  resistiince. 
If  the  witneskes  swore  so  knowing  that  thev  were 
swearing  falsely,  that  will  of  course  detract  from 
their  credibility.  But  Wells  himself  t-stifiea  that 
he  heard  overhead  the  sounds  of  fighting,  and 
ttiitt  in  the  darkness  of  the  nigtit  and  contusion  of 
the  mdee,  the  attacking  party  had  mistaken  each 
other  lor  the  occupants  of  the  boat,  and  that  they 
fought  together.  If  that  were  true,  then  it  would 
not  follow  that  in  testifying  as  to  resistance  en- 
countered on  board  the  boat,  they  were  not  false 
in  the  corrupt  sense  of  the  term. 

Paskingfrom  this,  there  is  this  other  considera- 
tion, which  must  strike  you  in  ihe  outset.  If 
when  Alexander  McLeod  sued  out  this  commis- 
sion, and  dire(?ted  the  commissioners  to  examine 
persons  wbo  had  been  in  each  of  the  boats,  and 
if  in  truth  he  had  been  present  there  himself,  he 
must  be  a  bold  man  indeed.  Because  he  must 
have  supposed  that  the  commissioners  would  ei- 
ther have  laken  only  those  who  could  not  see  in 
the  dark  whether  he  «vas  there  or  not,  or  that  the 
mon  would  have  been  so  corrupt  as  to  swear 
falsely  to  extricate  him  from  the  punishment  of 
his  crime.  But  thia  ia  no  further  evidence  than 
as  it  is  a  poitioo  of  tlM  hiitmry  of  the  transaction. 


H 


H 


If 


3t 


and  with  th«M  views  yov  we  to  ttk*  up  the  tMti> 
m'Miy  Kiid  atceruin,  mfter  ■oloran  incpiiry,  how 
much  cr«dttyiiii  ittould  give  IbMn  wiiii«mm. 

It  in  lUKloiiStcitly  true,  K«niloin«n,  Unit  H^wrt 
rnnnol  »»y  with  »ny  (l«Kre«)  of  <«rc«iiity,  lint  Mc- 
!.eud  w»«  not  <iti  himrti  tli«  Dtixnlilion.  1(  In  ri|iial> 
ly  triio  thatM'  NhI)  caniuii  u*y  m«,  altlioiiR'i  It"  tu- 
pitritiieiiitcd  tim  eiiiburkatiori  of  the  peraoiii  «ii|{«- 
giid  in  the  r  nurpriw.  Norm  b-it  the  Allicpm« 
oyi<  could  |)«ii«irnte  th«  (iarkiiew  ttiat  iihruud«d 
ihoM  lUere  HMo«iaiod.  JJut,  then,  tht-re  am  oni» 
or  two  i|eiit|im«n,  frcin  among  innrntea  uf  each 
piirtivular  lioal.  wtio  have  hf  cu  eiamined.  Home 
ufthem  knew  McLoimI  well  before  that  time— oth- 
ers became  nrqiinintcd  with  him  nfiorwarda — «ome 
tnikad  with  hiu!  recogi  i««>d  all  their  eaioi'latoa— 
and  thoy  nil  toauliedtlutMc/^od  wainutaniongiit 
thrm  «.(i  tliot  night.  Now,  gentlemen,  it  ii  proper 
thai  you  tihnuld  Hpply  the  riilu  diiitingui«huig  be* 
twefln  iMiiiUve  nud  iiogaiivo  tcaliraony.  ll  iatiue 
that  where  one  man  bwi'iim  he  did  aee  another  at 
any  pur(ic>ilfir  tijotund  period,  it  ii  more  natiufac- 
tory  than  when  ho  ran  only  aay  that  tho  other 
was  not  there,  But  you  will  take  into  comidera- 
tion  ihereaaona  which  would  letd  you  to  believe 
that  the  now*  of  Okch  ol  the  boata  must  have  well 
known  «actt  other,  and  no  form  a  correct  opinion 
■IK  to  thfir  credibility  when  th»y  aay  poiitivoly 
that  Mc Lend  wan  not  amongtt  them  With  thia 
remark,  I  leave  in  your  haada  tliia  portion  of  the 
priioner'a  defence. 

We  come  n  )w  t»  the  proof  of  an  alSn,  which  if 
■nstained,  ci»ii  leave  no  doubt  of  the  priionor'a 
innocence,  unleaa  you  caa  believe  him  gifted 
with  ubiquity. 

Thefira  witneia  to  prove  th'a  it  William  Preaa. 
Heavarathat  he  conveyed  the  priioner  and  ano- 
ther person  to  Niagara  un  the  day  of  the  ileitruo- 
tion  of  the  Caroline — that  he  knowa  it  to  be  that 
day  from  the  fact  of  having  made  an  entry  of  the 
U^naaction  in  hii  caah  boJk  under  that  date— that 
he  conveyed  ttie  prisoner  in  the  evening  aa  far  oa 
Btamfotdon  the  way  back  to  Chippewa— i hat 
there  prixiner  alighted  from  the  wsgun,  and  went 
to  the  houae  of  Capt.  John  Morriaon. 

Wi  ham  bturking  was  called  and  corroborated 
thp  evidence  of  Preva,  and  both,  I  may  add,  corro- 
borate the  atatement  of  Hamilton  respecting 
Reyncock'a  having  left  fat  Europe  before  the 
commeoceroent  ol  the  troubles  in  Canada. 

The  famdy  of  Captain  Morrison  and  himself 
swear  positively  as  to  McLeod's  being  there  on 
the  night  of  the  2'Jih  Dec.  Captain  Morrison 
states  that  he  is  enabled  to  fit  the  day  from  the 
circumstance  that  his  friend,  Col.  Cameron,  called 
at  his  gate  early  next  morning,  and  informed  him 
of  the  destruction  of  the  Catoiine,  end  gave  him 
a  fragmebt  of  her  ruins,  which  he  had  fuund  in 
an  eddy  below  the  Falls— that  he  tol'l  this  to  Mo 
L(od,  whom  hefbtind  half  dreased  in  the  parlor, 
where  he  had  slept  .  during  the  night— that  Mc- 
Ltodwas  electrified,  and  calling  lor  his  hurte, 
promoted  to  leave  immediately,  but  finally  re- 
mained fur  breakfast— after  which  he  went  on  hi* 
way. 

'I'hen  oonoes  the  witness  Gilkinson,  that  be  met 
MrLeod  uQ  the  day  after  the  oesiruction  of  the 
Taoline,  on  the  road  from  Stamford— that  .they 
]  0  lO  Up  ti^ether  to  opposite  Navy  Island,  from 
which  they  were  fired  on— that  one  of  the  balls 
waa  p  uked  up  and  handed  to  McLeud,  who  car- 
ried It  with  him— and  Seara,  yon  will  reooilecr, 
ataiea  that  on  thia  day  he  aaw  McLeod  and  aootb- 
>>r  person  iidiii|;  along  that  way,  and  that  they 
.ware  fiied  at  Jipm JHavy  Ulipnd.  x  Vo»  teatiBumy 


is  also  eeneborated  by  tkat  of  Mr  Mnl^asa. 

Tills  is  the  aggregate  of  the  (asUmonv,  gentW- 
men,  on  thia  part  of  the  defence.  The  evidf  nre 
of  I h'>  Morrisons  and  tite  dtolaration  of  Mrl^erai 
on  h  s  exniamaiion  have  been  submiitrd  to  you 
ni  d  criiiinMed  iiy  the  Attorney  (>«n«ral  with  gre^^t 
iihilny.  If  he  has  saiiiili«M|  you  id^t  ih*  Mnrri- 
sons  may  have  been  mistakim  as  to  dates,  and  in 
particular  in  reference  to  thia  great  em  ch,  and 
ilint  iho  other  wiineises  corroborating  them  may 
hnve  aiNO  been  mistiiken,  tiii-n  your  confidenne  in 
this  portion  of  the  testimony  vanishes.  Hut  if 
you  decide  on  just  grounds  otherwise,  then  it 
klioutd  1  think  be  decin<  d  satitfacbiry  in  astab- 
litfiing  thH  innocence  of  the  prisoner. 

(Mr  Hpencerthen  requested  the  (^'nurt  to  charge 
thn  jury  that  the  deptmiiion  of  Col.  Cameron  cor- 
ri'bwraird  esseniinlly  the  statement  of  ('aptaiia 
M  rriion,  whi'h  his  Honor  did  and  proceeded  :] 

Kut  gentlemen,  if  even  after  all,  though  the  pri- 
soner may  inynnr  opinion  have  failed  comrdetely 
in  proving  an  aUn,  yet  if  he  have  raised  sufficient 
doubt  aa  to  his  guilt,  he  is  to  have  the  full  benefit 
of  that  doubt.  The  law  never  divides  between  the 
living  aitd  the  deed— never  consians  any  iiidivi 
dual  to  th<^  tomb  without  an  overvmelming  amount 
of  evident  e  to  prove  the  guilt  of  the  aroused.  In 
this  spirit  you  nre  now  to  consider  the  evidence 
which  I  have  fully  reviewed  before  you.  * 

And  now  gentJomon,  my  task  is  porfomed. 
Your  duty  remains  to  bo  done.  And  It  it  one  of 
the  most  snlemn  trusts  that  can  bo  repoicd  in  tho 
cit'zon.  Ynn  aro  to  tak<4  this  case  into  your  deli- 
berate conoidorstion.  You  nre  to  woigK  and  de- 
cide on  overy  part  and  portion  of  it.  Vne  are  to 
c(^l  into  exercise  your  bert  powers  of  judgment- 
regardless  of  rumors  which  may  have  reached  your 
ears — regardless  of  evory  consider ition  except 
that  of  tho  giiidnit  principle  of  iuitice  and  iropa»> 
linlity.  And  when  you  nliall  fiavo  ccmetoyonr 
derision — nnd  dodared  where  the  truth  lira,  then, 
with  an  indepondonro  that  will  honor  tou,  and 
with  the  nnblo  integrity  that  your  country  expects 
you  to  exhibit,  you  will  pronounce  your  veid'ot. 
And  tben  I  trust  that  all  who  have  witnessed  this 
trial — the  ability  with  which  it  haa  been  conduct- 
ed—arid  your  patience  in  attending  to  it — will  be 
Bstisfled. 

If  the  evidence  will  lead  you  to  say  that  he  is 
gui  ty  then,  although  your  derision  should  wrap 
your  couLtry  in  the  flames  of  war,  you  will  fear- 
fcs-ly  pronounce  it— ont  he  other  hand  if  he  be 
in  ocent  you  will  so  pronounce  him,  regard  ess 
of  thretts  or  murmurs  or  tear  of  rebuke — and  may 
the  G  d  of  truth  enable  you  to  domde  according 
to  thfiso  principles  of  truth  and  equity  which  are 
tha  found  iiions  of  the  E  emal  Throne. 
CONCLUSION. 

At  about  four  o'clock,  F.  M.,  his  Honor  conclu- 
ded, and  the  case  was  then  given  to  the  Jury,  who 
retired  under  charge  of  the  Constables,  whilst  tha 
Court  proceeded  to  the  despatch  of  other  busi- 
ness. 

In  twenty  minutes  the  Jnry  returned  to  the 
Court.  House. 

"Have. you  agreed  upon  a  verdict,'  Gentlemen 
of  the  Jury  ?  '  akked  the  Ckrk. 

"  We  have,"  replied  the  I'oreman. 

"  What  say  you,  gentlemen,  do  TOU  find  Alw- 
ander  McLeod  gui  Itv  or  not  guilty  7' 

"NOT  GUILTY." 

All  was  hushed  and  quiet— no  excitement  visi- 
ble any  where.  The  pruoner's  keen  |[rey  eyea 
brightened  np  somewhat,  and  taking  his  fantaod 
ckNi^ke  slvwly  retired  with  bit  eoiuuML 


MB. 

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full  benefit 
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BU.  ■ 

porfomeil. 
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putod  in  tho 
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yoa  are  to 
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ritneiBod  this 
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ay  that  he  ia 
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[onor  conclu* 
the  Jury,  who 
ki,  whilatthe 
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urned  to  the 

t,  Gentlemen 


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fon  find  Alex* 


(oitement  viai* 
ten  grey  eyee 
iglua  Mtend 
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